hours, rules, and regulations, or any other matter affecting or pertaining to such employment, the said parties, to wit, the employer and employees shall submit such matters of difference to a board of arbitration, if either partythat is, the employer or the employees-make request therefor.

SEC. 2. Selection of arbitrators.-Such request by either party shall be made by serving notice on the other party of the matters of difference which it or they desire arbitrated, and naming with such notice an arbitrator in behalf of the party giving the notice. Thereupon the other party shall, within five days thereafter, name an arbitrator on their or its behalf, serving notice of and the name of such proposed arbitrator of the other party or parties. The two arbitrators so chosen shall meet within five days thereafter and select a third disinterested party to act with them. And if the arbitrators so chosen by the respective sides fail to agree upon a third person, then the mayor of the city in which such street railway is located shall act as the third arbitrator. If either party, after five (5) days' notice and request for the appointment and naming of an arbitrator as hereinabove provided, shall fail to name such arbitrator, then on application and affidavit setting forth such fact the judge holding the court of common pleas of the circuit in which such county is located, or the judge of the court of common pleas, resident in such circuit, shall name such arbitrator for the party in default.

SEC. 3. Hearings.-It shall be the duty of the said board of arbitrators so selected, after notice to both parties of not less than ten days, to hold such hearing or hearings as the said board may deem proper, to investigate all matters of difference and dispute, to ascertain the cause of causes thereof, and to make a finding or award in respect thereto, furnishing a copy of such finding or award to the parties to the said dispute, to wit, one copy to the employees and one to the common carrier, and also to file a copy with the governor of the State.

SEC. 4. Findings. Such finding and award by a majority of said board shall be binding upon all the parties, unless an appeal is taken therefrom within ten days after the service of a copy of such finding and award. Either party shall have the right to appeal upon questions of law and fact from such finding.

SEC. 5. Appeals.-If either party to said finding shall desire to appeal therefrom, such party shall give notice in writing within ten days after notice of said award to the other party, and to the chairman of the board of arbitrators, setting forth in such notice the grounds of his appeal; thereupon it shall be the duty of said board of arbitrators to transmit all the papers, including any evidence taken by it, to the court of common pleas for the county in which such common carrier is situated. Upon receipt of such papers by the clerk of the court of common pleas for such county, it shall be the duty of said clerk to forthwith file and docket the same on calendar 2. And it shall be the duty of the judge holding the courts of said circuit, or the judge resident in said circuit, to take up the said case as speedily as possible, giving the same preference in hearing, and to hear the same upon the record transmitted and to review and correct any errors of law he may find.

SEC. 6. Jurisdiction.-For the purposes of this act any judge of the Circuit Court of the State of South Carolina shall have jurisdiction to hear and pass upon any appeal herein, at chambers, as fully as might be done in open court. SEC. 7. Application of law. This act shall only apply to counties in which there are incorporated cities of not less than thirty thousand and not more than fifty thousand people, according to the last census.

ACTS OF 1923

ACT No. 148.-Earnings of minors-Fraud

SECTION 19. *Failure to pay.-Whenever any person, having a contract with any corporation, company, or person, for the manufacture or change of any raw material by the piece or pound, shall employ any minor to assist in the work upon the faith of and by color of such contract, with intent to cheat and defraud such minor, and, having secured the contract price, shall willfully fail to pay the minor when he shall have performed his part of the contract work, whether done by the day or by the job, the person so offending shall be guilty of a misdemeanor, and, upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days.

SOUTH DAKOTA

REVISED CODES-1919

Employment of labor-General provisions

SECTION 1071. Definition of contract.-The contract of employment is a contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer, or of a third person.

SEC. 1072. Employee to be indemnified, when.-An employer must indemnify his employee, except as prescribed in the next section, for all that he necessarily expends or loses in direct consequence of the discharge of his duties as such, or of his obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying such directions, believed them to be unlawful.

SEC. 1073. Ordinary risks.—An employer, except as otherwise specially provided, 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 he has neglected to use ordinary care in the selection of the culpable employee.

SEC. 1074. Want of care. An employer must in all cases indemnify his employee for losses caused by the former's want of ordinary care.

SEC. 1075. Service without consideration.-One who, without consideration, undertakes to do a service for another, is not bound to perform the same, but if he actually enters upon its performance he must use at least slight care and diligence therein.

SEC. 1076. Employment on request.-One who, by his own special request, induces another to intrust him with the performance of a service, must perform the same fully. In other cases one who undertakes a gratuitous service may relinquish it at any time.

SEC. 1077. Accepting written power of attorney.-A gratuitous employee who accepts a written power of attorney, must act under it so long as it remains in force, or until he gives notice to his employer that he will not do so.

SEC. 1078. Service for consideration.-One who, for a good consideration, agrees to serve another, must perform the service, and must use ordinary care and diligence therein, so long as he is thus employed.

SEC. 1079. Service for personal advantage.-One who is employed at his own request to do that which is more for his own advantage than for that of his employer, must use great care and diligence therein to protect the interest of the latter.

SEC. 1080. Limit of term of contract.-A contract to render personal service can not be enforced against the employee beyond the term of two years from the commencement of service under it, but if the employee voluntarily continues his services under it beyond that time the contract may be referred to as affording a presumptive measure of the compensation.

SEC. 1081. Obedience to orders.-An employee must substantially comply with all the directions of his employer concerning the service on which he is engaged, even though contrary to the provisions of this chapter, except where such obedience is impossible, or unlawful, or would impose new and unreasonable burdens upon the employee, or in case of an emergency, which, according to the best information which the employee can with reasonable diligence obtain, the employer did not contemplate; in which he can not, with reasonable diligence, be consulted; and in which noncompliance is judged by the em ployee in good faith and in the exercise of reasonable discretion to be absolutely necessary for the protection of the employer's interests. In all such cases the employee must conform as nearly to the directions of his employer as may be reasonably practicable, and most for the interest of the latter.

SEC. 1082. Usage of place.-An employee must perform his service in conformity to the usage of the place of performance unless otherwise directed

by his employer, or unless it is impracticable or manifestly injurious to his employer to do so.

SEC. 1083. Degree of skill.-An employee is bound to exercise a reasonable degree of skill, unless his employer has notice before employing him of his want of skill.

SEC. 1084. Same subject.-An employee is always bound to use such skill as he possesses, so far as the same is required, for the service specified.

SEC. 1085. Acquisitions by employees.—Everything which an employee acquires by virtue of his employment, except the compensation, if any, which is due to him from his employer, belongs to the latter, whether acquired lawfully or unlawfully, or during or after the expiration of the term of his employment.

SEC. 1086. Accounts.-An employee must, on demand, render to his employer just accounts of all his transactions in the course of his service as often as may be reasonable, and must, without demand, give prompt notice to his employer of everything which he receives for his account.

SEC. 1087. Goods received may he held until demand.-An employee who receives anything on account of his employer in any capacity other than that of a mere servant is not bound to deliver it to him until demanded, and is not at liberty to send it to him from a distance without demand in any mode involving greater risk than its retention by the employee himself.

SEC. 1088. Employer's business to have preference.-An employee who has any business to transact on his own account similar to that intrusted to him by his employer must always give the latter the preference. If intrusted with similar affairs by different employers, he must give them preference according to their relative urgency or, other things being equal, according to the order in which they were committed to him.

SEC. 1089. Substitutes.--An employee who is expressly authorized to employ a substitute is liable to his principal only for want of ordinary care in his selection. The substitute is directly responsible to the principal.

SEC. 1090. Culpable negligence. An employee who is guilty of a culpable degree of negligence is liable to his employer for the damage thereby caused to the latter; and the employer is liable to him, if the service is not gratuitous, for the value of such services only as are properly rendered.

SEC. 1091. Survivor of joint employees.-Where service is to be rendered by two or more persons jointly and one of them dies the survivor must act alone if the service to be rendered is such as he can rightfully perform without the aid of the deceased person, but not otherwise.

SEC. 1093. Termination of employment.-Every employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to him of:

1. The death of the employer; or

2. His legal incapacity to contract.

Every employment is terminated:

1. By the expiration of its appointed term;

2. By the extinction of its subject;

3. By the death of the employee; or

4. By his legal incapacity to act as such.

SEC. 1094. Continuance of employment after death of employer.--An employee, unless the term of his service has expired or unless he has a right to discontinue it at any time without notice, must continue his service after notice of the death or incapacity of his employer, so far as is necessary to protect from serious injury the interests of the employer's successor in interest, until a reasonable time after notice of the facts has been communicated to such successor. The successor must compensate the employee for such service according to the terms of the contract of employment.

SEC. 1095. Termination at will.-An employment having no specified term may be terminated at the will of either party on notice to the other, except where otherwise provided by this chapter.

SEC. 1096. Breach of duty by employee.--An employment, even for a specified term, may be terminated at any time by the employer in case of any willful breach of duty by the employee in the course of his employment or in case of his habitual neglect of duty or continued incapacity to perform it.

SEC. 1097. By employer.-An employment, even for a specified term, may be terminated by the employee at any time in case of any willful or permanent breach of the obligations of his employer to him as an employee.

SEC. 1098. Forfeiture of wages.-An employee dismissed by his employer for good cause is not entitled to any compensation for services rendered since the last day upon which a payment became due to him under the contract.

SEC. 1099. Proportionate compensation.-An employee who quits the serv ice of his employer for good cause is entitled to such proportion of the compensation which would become due in case of full performance as the services which he has already rendered bear to the services which he was to render as full performance.

SEC. 1100. Definition.-A servant is one who is employed to render personal service to his employer otherwise than in the pursuit of an independent calling, and who in such service remains entirely under the control and direction of the latter, who is called his master.

SEC. 1101. Measure of term of service.—A servant is presumed to have been hired for such length of time as the parties adopt for the estimation of wages, A hiring at a yearly rate is presumed to be for one year; a hiring at a daily rate for one day; a hiring by piecework for no specified term.

SEC. 1102. Monthly term presumed.—In the absence of any agreement or custom as to the rate or value of wages, the term of service, or the time of payment a servant is presumed to be hired by the month, at a monthly rate of reasonable wages, to be paid when the service is performed.

SEC. 1103. Renewal of agreement presumed, when.-Where, after the expiration of an agreement respecting the wages and the term of service, the parties continue the relation of master and servant they are presumed to have renewed the agreement for the same wages and term of service.

SEC. 1104. Servant's time.-The entire time of a domestic servant belongs to the master; and the time of other servants to such an extent as is usual in the business in which they serve, not exceeding in any case ten hours in the day. SEC. 1105. Delivery of goods, etc., received.—A servant must deliver to his master, as soon as with reasonable diligence he can find him, everything that he receives for his account, without demand; but he is not bor without orders from his master, to send anything to him through another p

SEC. 1106. Discharge for cause.-A master may discharge any servant, whether engaged for a fixed term or not:

1. If he is guilty of misconduct in the course of his service, or of gross immorality, though unconnected with the same; or,

2. If, being employed about the person of the master, or in a confidential position, the master discovers that he has been guilty of misconduct before or after the commencement of his service, of such a nature that, if the master had known or contemplated it, he would not have so employed him.

SEC. 1107. Service without employment.-One who officiously, and without the consent of the real or apparent owner of a thing, takes it into his possession, for the purpose of rendering a service about it, must complete such service and use ordinary care, diligence and reasonable skill about the same. He is not entitled to any compensation for his service or expenses, except that he may deduct actual and necessary expenses, incurred by him about such service, from any profits which his service has caused the thing to acquire for its owner, and must account to the owner for the residue.

Suits for wages-Exemptions

SECTION 2668. What exempt.--[Only personal property absolutely exempt is exempt from process for laborers' or mechanics' wages.]

Exemption of wages from execution, etc.

SECTION 2703. Amount.-[Earnings of a judgment debtor for 60 days prior to the order are exempt from seizure if it is made to appear that such eart ings are necessary to the support of a dependent family.]

Wages as preferred claims-In administration, etc.

SECTION 3407. Rank.-[Wage debts of servants and employees for 60 days prior to the death of the employer rank next after funeral expenses, the expenses of the last sickness, and expenses of administration.]

Protection of employees as voters

SECTION 3653. Attempting to influence vote.-It shall not be lawful for any employer in paying his employees the salary or wages due them, to inclose their pay in "pay envelopes" upon which there is written or printed any political mottoes, devices, or arguments, containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employees. Nor shall it be lawful for any employer, within ninety days of a general election, to put up or otherwise exhibit in his factory, mill, workshop, or other establishment or place where his employees may be working, any handbill or placard containing any threat, notice, or information that in case any particular ticket or candidate shall be elected work in his place or establishment will eease in whole or in part, or that his establishment will be closed up, or the wages of his workmen will be reduced, or other threats, express or implied, intended or calculated to influence the political opinion or the actions of his employees in voting. Any person or corporation violating the provisions of this section shall be guilty of a misdemeanor. Any corporation violating the provisions of this section shall, upon proof thereof, forfeit its charter.

Intimidation of employers and employees

SECTION 4373. Interfering with employment.-Every person who, by any use of force, threats or intimidation, prevents or endeavors to prevent any hired foreman, journeyman, workman, laborer, servant or other person employed by another from continuing or performing his work, or from accepting any new work or employment, or induces such hired person to relinquish his work or employment, or to return any work he has in hand before it is finished, is guilty of a misdemeanor.

SEC. 4374. Threatening employers.-Every person who, by any use of force, threats or intimidation, prevents or endeavors to prevent another from employing any person, or compels another to employ any person, or forces or induces another to alter his mode of carrying on business, or to limit or increase the number of his hired foremen, journeymen, workmen, laborers, servants or other persons employed by him, or their rate of wages or time of service, is guilty of a misdemeanor.

SEC. 4375. Entering mines, etc.--In all cases where two or more persons shall enter upon or into any lode, gulch, placer claim or quartz mill or other mining property, or, not being upon such property but within hearing of the same, shall make any threats or make use of any language, sign or gesture calculated to intimidate any person or persons at work on said property from continuing work thereon or therein, or to intimidate others from engaging to work thereon or therein, every such person so offending, shall, upon conviction, be punished by imprisonment in the county jail not exceeding six months and not less than thirty days, and by a fine not exceeding two hundred and fifty dollars. On trials under this section, proof of a common purpose of two or more persons to intimidate laborers as above set forth, accompanied or followed by any of the acts above specified, by any of them, shall be sufficient evidence to convict any one committing such acts, although the parties may not be associated together at the time of committing the same.

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Factory, etc., regulations-Doors to open outward-Fire escapes

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SECTION 8218. Doors.-Except when otherwise specially provided, all doors of ingress or egress in factories, hotels and all other buildings or rooms wherein numbers of persons are employed or are in the habit of meeting together for any purpose, shall be so constructed as to open and swing outward, and doorways shall not be less than four feet in width with proper landings, and stairways of at least equal width. *** Any person failing to comply with the provisions of this section or who shall build, maintain or permit to be used any such building contrary to the provisions of this section shall be deemed guilty of a misdemeanor.

SEC. 8219. Fire escapes.-Except when otherwise specially provided, all factories, * which are two or more stories in height, shall be provided by the owners thereof with two or more fire escapes, placed within easy access of the occupants of such building.