Garnishment of wages, etc., of public employees SECTIONS 8088-8091. Service.-[Money due officials or employees in public service as salaries or wages may be garnisheed by service of a writ on the person authorized to make payment of the same, but only after final judgment or decree, and not on judgments issued ex delicto.] SECS. 8092, 8093. Payment.-[Answers must show assent of person on whom the writ is served, who must thereafter draw no warrant or check for the wages or salary due until the garnishment proceedings have terminated, unless the writ is legally dissolved. After final judgment, the money must be paid into the court rendering the judgment.] Accidents on railroads-Reports SECTION 9648. Reports required.-Every person, corporation, company, or association operating a railroad shall give notice to the [railroad] commission of every accident happening on any portion of its line in this State, which is attended with death or maiming or other serious injury to the person of anyone, within five days thereafter, giving facts and circumstances of such accident, which any one or more of the commission 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 commission. Examination and licensing of railroad employees SECTION 9960. Examination required.-It shall be the duty of every person or corporation operating a railroad in this State, before employing any person as train dispatcher, engineer, conductor, fireman, flagman, brakeman, trackman, or switchman, to subject the applicant for employment to a thorough examination respecting his capacity to fill the position applied for, his moral character and reputation, his sobriety and previous record, his knowledge of the rules and regulations governing the employees of the railroad, the knowledge which may be necessary or proper for the skillful performance of his duties, and shall subject the applicant for employment to a thorough examination respecting his ability and capacity to see and distinguish objects and color, commonly called color-blind examination, and respecting his sense of hearing. SEC. 9961. By whom made. The examination required in the preceding section must be made by the superintendent of the road or by the master of trains, or master mechanic of the railroad, and shall be reduced to writing on blanks provided for that purpose. If the applicant shall be found qualified in all respects for the position, the approved application papers shall be filed in the office of the superintendent in this State, or if there be no such superintendent, then in the principal office of such railroad in this State. Such examination papers, when certified by the officer having custody of them, shall be evidence of their contents and of the fact of such examination without further proof. SEC. 9962. License.-If the applicant, upon examination, shall be found competent, and his examination papers are approved by the general manager or other chief executive officer, the superintendent, or other person selected by him to conduct such examination, shall issue without charge a license to the applicant to engage in the occupation about which he has been examined. Wages as preferred claims-In receiverships SECTION 10122. Amount.—[Wages or salaries for three months, not over $300, owed by corporations or partnerships going into the hands of receivers, aTM to be paid first.] Exemption of wages-Set-off 8 SECTION 10172. Written agreements required.— * of any head of a family in this State, not having property sale under execution, can not be defeated or abated by any demand acquired by the person contracting to pay such was or transfer, unless the parties otherwise agree in writing. ALASKA COMPILED LAWS-1913 Alien labor-Employment in fisheries SECTION 254. Aliens not to fish.-It shall be unlawful for any person not a citizen of the United States, or who has declared his intention to become a citizen of the United States, and is not a bona fide resident therein, or for any company, corporation, or association not organized or authorized to transact business under the laws of the United States or under the laws of any State, Territory, or District thereof, or for any person not a native of Alaska, to catch or kill, or attempt to catch or kill, except with rod, spear, or gaff, any fish of any kind or species whatsoever in any of the waters of Alaska, under the jurisdiction of the United States: * And provided further, That nothing contained in this act shall prevent any person, firm, corporation, or association lawfully entitled to fish in the waters of Alaska from employing as laborers any aliens who can now be lawfully employed under the existing laws of the United States either at stated wages or by piecework, or both, in connection with Alaskan fisheries, or with the canning, salting or otherwise preserving of fish. * * Wages-Exemption-Preference SECTION 1105. Sixty days' earnings exempt, when.— * The following property shall be exempt from execution if selected and reserved by the judg ment debtor or his agent at the time of the levy, or as soon thereafter before sale thereof as the same shall be known to him, and not otherwise: First. The earnings of the judgment debtor, for his personal services rendered at any time within sixty days next preceding the levy of execution or attachment, when it appears by the debtor's affidavit or otherwise that such earnings are necessary for the use of his family supported in whole or in part by his labor; * SEC. 1704. Order of payment of demands.-The charges and claims against the estate ** * shall be paid in the following order, **: First, funeral charges; second, taxes of whatever nature due the United States; third, expenses of last sickness; fourth, all other taxes of whatever nature; fifth, debts preferred by the laws of the United States; sixth, debts which at the death of the deceased were a lien upon his property or any right or interest therein according to the priority of their several liens; seventh, debts due employee of decedent for wages earned within ninety days immediately preceding the death of the decedent; eighth, all other claims against the estate. ACTS OF 1913 CHAPTER 7.—Hours of labor on public works—Eight-hour day SECTION 1. Eight hours a day's work.-Hereafter, eight hours in any calendar day, shall constitute a day's work on any work done for the Territory or any municipality within the Territory, subject to the following conditions: SEC. 2. Contracts for public works, etc.-All work done by contract or subcontract on any building or improvements, or work on roads, bridges, streets, alleys or buildings for the Territory or any municipality within the Territory, shall be done under the provisions of this act: Provided, That in cases of extraordinary emergency such as danger to life or property, the hours for work may be extended. And for this purpose this act is made a part of all contracts, subcontracts or agreements for work done for the Territory or any municipality within the Territory. SEC. 3. Violations.-[Any contractor, subcontractor, or agent of same, or employer, violating this act, shall be fined not less than $50 nor more than $500, or imprisoned not less than 10 nor more than 90 days, or both.] CHAPTER 9.-Protection of employees as traders, etc. SECTION 1. Coercion as to boarding or trading. It shall be unlawful for any person or corporation to compel by threats or intimidation, or threats of discharge, or to use any means to compel an employee against his will to board at any particular hotel, boarding house or other place where lodging or board may be provided, or to require an employee to purchase goods and supplies at any particular store. SEC. 2. Penalty.-[Violations of this act shall be punished by a fine of not less than $25 nor more than $100, or by imprisonment for not less than ten nor more than thirty days, or both.] CHAPTER 36.—Employment of labor—False representations SECTION 1. False statements.--It shall be unlawful for any person, persons, company, corporation, society, association or organization of any kind doing business in this Territory, by himself, themselves, his, its, or their agents or attorneys to induce, influence, persuade or engage workmen to change from one place to another in this Territory, to bring workmen of any class or calling into this Territory to work in any of the departments of labor in this Territory, through or by 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. SEC. 2. Penalty.-[Violations of section one or any part thereof shall be liable to a fine of not more than $2,000, or confinement in the Federal jail not more than one year, or both.] SEC. 3. Hiring armed guards.-Any person or persons who shall, in this Territory, or any other Territory or State, hire, aid, abet or assist in hiring through agencies or otherwise, persons to guard with arms or deadly weapon of any kind other persons or property in this Territory, or any person or persons who shall come into this Territory armed with deadly weapons of any kind for any such purpose without a permit from the governor of this Territory in writing shall be guilty of felony and on conviction thereof shall be imprisoned in the Federal jail not less than one year nor more than five years: Provided, That nothing contained in this act shall be construed to interefere [interfere] with the right of any person, persons, or company, corporation, society, association or organization in guarding or protecting their private property, or private interest as is now provided by law; but this act shall be construed only to apply in cases where workmen are brought into this Territory, or induced to go from one place to another in this Territory by any false pretenses, false advertising, or deceptive representations, or brought into this Territory under arms, or removed from one place to another in this Territory under arms. SEC. 4. Recovery of damages.-Any workmen of this Territory, or any workmen of another Territory or State who have been or shall be influenced, induced or persuaded to engage with any persons mentioned in section one of this act through or by means of any of the things herein prohibited, each of such workmen shall have a right of action for recovery of all damages that each such workman has sustained in consequence of the false or deceptive representations, false advertising and false pretenses used to induce him to change his place of employment, against any person or persons, corporations, companies or associations, directly or indirectly causing such damages; and in addition to all actual damages such workmen may have sustained, shall be entitled to recover such reasonable attorney's fees as the court shall fix, to be taxed as costs in any judgment recovered. CHAPTER 45.-Liability of employers for injuries to employees SECTION 1. Liability.-Every person, association, or corporation engaged in the business of manufacturing, mining, constructing, building, or other business or occupation carried on by means of machinery or mechanical appliances shall be liable to any of its employees, or, in the ey to his personal representative for the benefit of his wid 105446°--25--10 SEC. 2. Comparative negligence.-In all actions hereafter brought against a master or employer such as is mentioned in the first section hereof, to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence was slight and that of the employer was gross in comparison, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. All questions of negligence and contributory negligence shall be for the jury. SEC. 3. Contracts of exemption not a bar.-No contract of employment, insurance, relief benefit, or indemnity for injury or death entered into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit, or indemnity by the person entitled thereto, shall constitute any bar or defense to any action brought to recover damages or personal injuries to or death of any employee: Provided, however, That upon the trial of such action the defendant may set off therein any sum contributed by such employer toward any such insurance, relief benefit, or indemnity that may have been paid to such employee, or in case of his death to his personal representative. And provided further, That any insurance, relief benefit, or indemnity furnished by the master and paid for by contributions exacted from, or paid by his employee shall not be allowed as set-off. SEC. 4. Limitations.-No action shall be maintained under this act unless it be shown that there exist beneficiaries as provided in section 1 hereof; nor unless such action be brought within two years from the time the cause of action accrued. CHAPTER 70.—Arbitration of labor disputes SECTION 1. Governor to offer mediation.-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. SEC. 2. Board of arbitration.-Whenever such controversy shall arise between an employer and his employees which can not be settled by mediation and conciliation in the manner provided in the proceding 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, who shall be a person disinterested in the controversy, but in the event of their failure to name such arbitrator within five days after their first meeting, the submission to arbitration shall be recalled. A majority of said arbitrators shall he 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 withou t. Second. That the award and the papers and proce testimony relating thereto certified under the hands the a be filed in the clerk's office of the district court for the division wherein 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. SEC. 3. Award in effect, when.—The award being filed in the clerk's office of the district court, as hereinbefore 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 entered accordingly when such exceptions shall have been finally disposed of either by said district court or on appeal therefrom. At the expiration of thirty 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 within thirty days either party shall appeal therefrom to the United States Circuit Court of Appeals for the Ninth Judicial Circuit. In such case only such portion of the record shall be transmitted to the circuit court of appeals 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 circuit court of appeals 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. SEC. 4. Powers of board.-For the purposes of this act the arbitrators herein provided for, or either of them, shall have power to administer oaths and affirmations, sign subpoenas, require the attendance and testimony of witnesses, ani 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. SEC. 5. Agreements to arbitrate.-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 Territory, and when so acknowledged a copy of the same shall be filed with and recorded by the recorder of the precinct 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 the Territory, 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 is 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. |