SEC. 7736. Dividing fees.-[Dividing fees with foremen, etc., is forbidden under penalty of not less than $50 or imprisonment; also, license shall be revoked.]

SEC. 7737. False statements; immoral resorts.-[Making or publishing false statements or sending female help to any house of ill fame is forbidden.]

SEC. 7738. Enforcement.-[Enforcement is vested in the secretary of labor. Violations are punished by fine, not over $100, or 3 months in jail for first offense, with revocation of license for second offense; but for knowingly sending females to places of immoral resort, imprisonment not less than 30 days and perpetual loss of license is prescribed.]

Liability of railroad companies for injuries to employees

SECTION 8833. Assumption of risks in suits against railways.-In any action brought against a railroad or street railroad company to recover damages for personal injury to any employee, whether such injury results in death or not, the employee shall not be held to have assumed any of the risks of his employment in any case where the railroad company or its agents, servants, or employees have been guilty of negligence.

SEC. 8834. Comparative negligence.—In all actions brought to recover damages for injuries to a person or to his property caused by the negligence of another, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery when the contributory negligence of the plaintiff was slight and the negligence of the defendant was gross in comparison, but the contributory negligence of the plaintiff shall be considered by the jury in the mitigation of damages in proportion to the amount of contributory negligence attributable to the plaintiff; and all questions of negligence and contributory negligence shall be for the jury.

Suits for wages-Exemptions

SECTION 9040. No exemption, when.-[No property is exempt from execution, etc., for wages of clerks, laborers, or mechanics.]

SEC. 9041. Wages.-[Wages of heads of families in hands of employer are exempt from garnishment, etc., to extent of 90 per cent thereof, unless the debtor is about to abscond or leave the State.]

SEC. 9043. Avoiding exemption_law.-[Assigning or transferring accounts against a laborer, etc., or instituting or prosecuting a claim against him seeking to seize wages earned 60 days prior to the proceedings, with the intent of avoiding the effect of the exemption laws, is forbidden.1

SEC. 9056. Amount exempt.-[The earnings of a judgment debtor for 3 months prior to the order for execution are exempt therefrom if it appears that they are necessary for the support of a family.]

Labor organizations-Embezzlement of funds

SECTION 9639. Embezzlement an offense.-If any officer, agent, or attorney of any voluntary association or of any labor organization shall embezzle or convert to his own use, or fraudulently take or make away with or secrete with intent to embezzle or fraudulently convert to his own use without the consent of the owner thereof, any money, goods, rights in action, or other valuable security or interest earned upon such funds or property or effects whatsoever belonging to any such voluntary association or labor organization of this State, he shall be deemed guilty of embezzlement, and upon conviction thereof shall be punished in the manner provided by law for feloniously stealing property of the value of the article so embezzled, taken, or secreted, or of the value of the sum of money payable or due upon any right in action so embezzled.

Bribery, etc., of employees

SECTION 9710. Offering bribes.--Whoever gives, offers, or promises to an agent, employee, or servant any gift or gratuity whatever without the knowl edge and consent of the principal, employer, or master of such agent, employee, or servant with intent to influence his action in relation to his principal's, employer's, or master's business; or an agent, employee, or servant who without the knowledge or consent of his principal, employer, or master requests or accepts a gift or gratuity or a promise to make a gift or to do an act beneficial

to himself under an agreement or with an understanding that he shall act in any particular manner to his principal's, employer's, or master's business; or an agent, employee, or servant who, being authorized to procure materials, supplies, or other articles either by purchase or contract for his principal, employer, or master, or to employ service or labor for his principal, employer, or master, receives, directly or indirectly, for himself or for another a commission, discount, or bonus from the person who makes such sale or contract, or furnishes such materials, supplies, or other articles, or from a person who renders such service or labor; and any person who gives or offers such an agent, employee, or servant such commission, discount, or bonus shall be guilty of a misdemeanor, and shall be punished by a fine of not less than ten dollars nor more than five hundred dollars, or by such fine and by imprisonment in the county jail for not more than one year.

Picketing

SECTION 9752. Acts forbidden.-It shall be unlawful for any person or persons, singly or by conspiring together, to interfere, or to attempt to interfere, with any other person in the exercise of his or her lawful right to work, or right to enter upon or pursue any lawful employment he or she may desire, by doing any of the following acts, to wit: By using profane, insulting, indecent, offensive, annoying, abusive, or threatening language toward such person or any member of his or her immediate family, or in his, her, or their presence or bearing, for the purpose of inducing or influencing, or attempting to induce or influence, such person to quit his or her employment, or to refrain from seeking or freely entering into employment, or to persist in talking to or communicating in any manner with such person or members of his or her immediate family against his, her, or their will for such purpose, or to follow or to intercept such person from or to his work, from or to his home or lodging, or about the city against the will of such person for such purpose, or to photograph such person against his will, or to menace, threaten, coerce, intimidate, or frighten in any manner such person for such purpose, or to commit an assault or assault and battery upon such person for such purpose, or to loiter about, picket, or patrol the place of work or residence of such person, or any street, alley, road, highway, or any other place where such person may be, or in the vicinity thereof, for such purpose against the will of such person.

SEC. 9753. As to places.-It shall be unlawful for any person or persons, singly or conspiring together, to loiter about, beset, patrol, or picket in any manner the place of business or occupation of any person, firm, or corporation engaged in any lawful business or occupation, or any street, alley, road, highway, or other place in the vicinity where such person, firm, or corporation may be lawfully engaged in his, their, or its work, business, or occupation for the purpose of inducing or influencing, or attempting to induce or influence, others not to trade with, buy from, sell to, work for, or have business dealings with such person, firm, or corporation, so that thereby the lawful business or occupation of such person, firm, or corporation will be obstructed, interfered with, injured, or damaged and such person, firm, or corporation thereby be induced or coerced against his, their, or its will, intimidated or threatened, to do something he, they, or it may legally refrain from doing, or to refrain from doing something he, they, or it may lawfully do.

SEC. 9754. Violations.-[Fines of from $10 to $100 or imprisonment not to exceed 60 days, or both, are penalties for violations.]

NEVADA

REVISED LAWS-1912, 1919

Wages as preferred claims-In bankruptcy

SECTION 606. Wages preferred.-[Wages due workmen, clerks or servants, earned within 3 months before the commencement of proceedings, not over $300 to each, are payable next after costs of preserving the estate, filing fees, and costs of administration, allowing but one attorney's fee.]

SEC. 1187. Lien in bankruptcy.-[Employees have a lien on the assets of an insolvent or otherwise dissolved corporation, for two months' wages, to be paid prior to any other debt; but this does not apply to any of the officers.]

Arbitration of labor disputes

SECTION 1929. Governor to mediate.-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. 1930. 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 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 services 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,

SEC. 1931. Award.-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 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 judg ment when entered shall have the same force and effect as judgment entered upon award.

SEC. 1932. 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, 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.

SEC. 1933. Agreements to be recorded.—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 [or] 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.

SEC. 1934. Status quo to be maintained.-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.

SEC. 1935. Expenses.-The agreement of arbitration shall provide for the compensation of arbitrators, and their traveling and other necessary expenses.

Employment of labor-False representations

SECTION 1936. False representations forbidden.—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.

SEC. 1937. Violations.—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 [secs. 1936-1938], 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. SEC. 1938. Damages.-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 [secs. 1936-1938], or any company, corporation, or society or organization mentioned in section one (1) of this act [secs. 1936-1938], 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 representation, 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 [secs. 1936-1938] 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.

Payment of wages in scrip

SECTION 1939. Orders, etc., to be negotiable.-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.

SEC. 1940. Penalty.-Any violation of this act [secs. 1939-1940] shall be a misdemeanor or [and] punishable by a fine of not exceeding $500.