CHAPTER 5.-Sunday labor.

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SECTION 2000. Whoever, being over fourteen years of age, is found on the first day of the week, commonly called Sunday, at common labor, or engaged in his usual avocation (works of charity and necessity only excepted), shall be fined in any sum not more than ten or less than one dollar; but nothing herein contained shall be construed to affect such as conscientiously observe the seventh day of the week as the Sabbath, *

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CHAPTER 5.-Employment, hours of labor, etc., of children.

SECTION 2125. Whoever, being the owner, agent, overseer, or foreman of any cotton or woolen factory in this State, employs or permits to be employed, in any cotton or woolen factory of which he is the owner, agent, overseer, or foreman, any person, male or female, under the age of eighteen years, for a longer period than ten hours in any day, shall be fined not more than one hundred dolÎars nor less than fifty dollars.

CHAPTER 5.-Intimidation, etc., of employers and employés.

SECTION 2126. Whoever, by threats, intimidation, or force, prevents or seeks to prevent any person from doing work for or furnishing materials to any person, firm, or corporation engaged in any lawful business, shall be fined not more than one hundred dollars nor less than twenty dollars, to which may be added imprisonment in the county jail not more than six months nor less than ten days. SECTION 2127. Whoever unlawfully, by threats, intimidation, or force, prevents or attempts to prevent any railroad company, or any of the agents, servants, or employés thereof, from moving, running, and operating the locomotives, cars, and trains of such railroad company, or from transporting and carrying passengers or freight in its cars on the line of such railroad company; or, in like manner, prevents or attempts to prevent, any express company, common carrier, or persons engaged in transporting or carrying passengers or freight for hire, from so transporting or carrying either passengers or freight, shall be fined not more than one thousand dollars nor less than fifty dollars, to which may be added imprisonment in the State prison not more than twenty-one years nor less than two years; and such offender shall be disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

CHAPTER 5.-Protection of employés as voters.

SECTION 2193. Whoever, for the purpose of influencing a voter, * * if an employer of laborers or an agent of such employer, threatens to withhold the wages of or to dismiss from service any laborer in his employment; or refuses to allow to any such employé time to attend at the place of election and vote,shall be fined not more than one thousand dollars nor less than twenty dollars, imprisoned in the State prison not more than five years nor less than one year, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

CHAPTER 6.-Wages preferred-In administration.

SECTION 2378. Unless otherwise provided in this act, the debts and liabilities of a decedent shall, if his estate be solvent, be paid in the following order of classes:

First. The expenses of administration.

Second. The expenses of the funeral of the deceased.

Third. The expenses of his last sickness.

Fourth, Taxes accrued upon the real and personal estate of the deceased at his death, and taxes assessed upon the personal estate during the course of the administration.

Fifth. Debts secured by liens upon the personal and real estate of the decedent, created or suffered by him in his lifetime, and continuing in force. * * * Sixth. A sum not exceeding fifty dollars, for wages due any employé for work and labor performed for the decedent within two months prior to his death.

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CHAPTER 35.-Corporations-Liability of stockholders for debts due employés. SECTION 3869. The stockholders and members of manufacturing and mining corporations shall only be liable for the amount of the stock subscribed by them respectively; *Provided, That such stockholders shall be individually liable for all debts, due and owing laborers, servants, apprentices, and employés for services rendered such corporation.

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CHAPTER 37.—Railroad corporations-Liability of stockholders for debts due employés. SECTION 3934. The stockholders shall be individually liable to laborers, their executors, administrators, and assigns for all labor done in the construction of said road that shall remain unpaid after the assets of the corporation shall have been exhausted.

CHAPTER 40.--Steam-packet companies-Liability of stockholders for debts due employés.

SECTION 4142. The stockholders of any such company shall be individually liable, jointly and severally, for all debts due and owing mariners, boatmen, laborers, and servants, for services rendered; and to other creditors of the company they shall be liable to an amount equal to the stock held by them respectively.

CHAPTER 41.-Horse-railroad companies-Liability of stockholders for debts due employés.

SECTION 4161. Stockholders in such company shall be individually responsible for such company's liabilities or debts hereafter created, in the same manner, and to same extent, and no greater, than stockholders in other railroad companies are individually liable under the general laws of this State.

CHAPTER 46.-Contractor's bond-Security for wages of employés on public works.

SECTION 4246. No bid for the building or repairing any court-house, jail, poor asylum, bridge, fence, or other county building or work shall be received or entertained by the board of commissioners of any county in this State, unless such bid shall be accompanied by a good and sufficient bond, payable to the State of Indiana, signed by at least two resident freehold sureties: which bond shall guaranty the faithful performance and execution of the work so bid for, in case the same is awarded to said bidder, and that the contractor, so receiving said contract, shall promptly pay all debts incurred by him in the prosecution of such work, including labor, materials furnished, and for boarding the laborers thereon.

SECTION 4247. Any laborer and materialman, or person furnishing board to said contractor, as in the preceding section provided, and having a claim against such contractor therefor, shall have the right of action against such contractor and his bondsmen therefor: Provided, Such person shall have first demanded payment of the same from such contractor.

CHAPTER 71.-Earnings of married women.

SECTION 5130. A married woman may * * perform any labor or service on her sole and separate account. The earnings * * * of any married woman accruing from her services, or labor, other than labor for her husband or family, shall be her sole and separate property.

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CHAPTER 75.-Wages preferred-In assignments, execution, etc.

SECTION 5206, (as amended by section 1605, supplement of 1889). Hereafter, when the property of any company, corporation, firm or person, engaged in any manufacturing, mechanical, agricultural or other business or employment, or in the construction of any work or building, shall be seized upon any mesne or final process of any court of this State, or where their business shall be suspended by the action of creditors or put into the hands of any assignee, receiver or trustee, then in all such cases the debts owing to laborers or employés,

which have accrued by reason of their labor or employment to an amount not exceeding fifty dollars to each employé, for work and labor performed within six months next preceding the seizure of such property, shall be considered and treated as preferred debts and such laborers or employés shall be preferred creditors and shall be first paid in full, and if there be not sufficient to pay them in full, then the same shall be paid to them pro rata, after paying costs.

CHAPTER 86.-Coal mine regulations and inspection.

SECTION 5458. The term "mine," as used in this act, includes every shaft, slope, or drift which is used, or has been used, in the mining and removing of coal from and below the surface of the ground.

SECTION 5460. At the request of the owner of any coal mine, the owner of the land, the miners working therein, or other person interested in the working of such mine, the mine inspector shall cause to be made an accurate map or plan of the workings of such mine, on a scale of not less than one inch to the one hundred feet, showing the area mined or excavated, and the location and connection of the lines of all adjoining lands with such excavation of the mine, and the name of the owners of such lands, so far as known, marked on each tract of land. Such map shall show the complete working of the mine; which map, when complete, shall be sworn to by the mine inspector to be a correct map of the working of such mine, and shall be kept on file in the office of the mine inspector, for inspection, at all times. The mine inspector shall be allowed a reasonable fee for making such survey, provided that he employs a surveyor to make the same, but he shall not be allowed anything for making the map of same. All expenses shall be paid by the party causing such survey and map to be made.

SECTION 5462. The original map or plan of any coal mine, or the copy filed with the inspector, or a certified copy, issued under the hand and seal of such inspector, shall be evidence in any court of justice in this State.

SECTION 5463. The term "owner," as used in this act, is hereby defined to mean the immediate proprietor, lessee, or occupier of any coal mine or any part thereof; and the term " agent" is hereby defined to mean any person, other than the owner thereof, having the care and management of any coal mine, or any part thereof; and in case the mine is owned or occupied by a corporation, then any of its officers shall be deemed its agent.

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SECTION 5464. The owner or agent of every coal mine shall * provide and establish a circulation of sufficient amount of pure air to dilute and expel therefrom the noxious and poisonous gases, to such an extent that the entire mine shall be in a fit state, at all times, for the men to work therein, and be free from danger to their health and lives from said gases and impure air-said ventilation to be produced by any suitable appliance that will produce and insure a constant supply of pure air throughout the entire mine. But in no case shall a furnace be used at the bottom of the shaft in a mine for the purpose of producing a hot up-cast of air, where the hoisting apparatus and buildings are built directly over the top of the shaft. Every such mine shall have ventilation affording one hundred cubic feet per minute for each and overy person employed in such mine, which shall be circulated through the main-headings and cross-headings, to an extent that will dilute and render harmless the noxious gases generated therein. SECTION 5465. When a place is likely to contain a dangerous accumulation of water or gases, the working, approaching such place, shall not exceed eight feet in width, and there shall be constantly kept, at a sufficient distance (not less than three yards in advance), one bore-hole near the centre of the working, and sufficient flank bore-holes on each side; and when two veins are worked in the same shaft, the upper shall be so protected that no danger will occur to the miners working in the lower vein.

SECTION 5466. No owner or agent of any coal mine shall place in charge of any engine used for conveying into or hoisting out of such mine, any but experienced, competent, and sober engineers. No engineer in charge of such engine shall allow any person, except such as may be deputed for that purpose by the owner or agent, to interfere with it or any part of the machinery; and no person shall interfere, or in any way intimidate the engineer in the discharge of his duties. In no case shall more than six men ride on any cage or car at one time and no person shall ride upon a loaded cage or car when the same is being hoisted out of or being conveyed into the mine.

SECTION 5467. The owner or agent of every coal mine operated by shaft or slope, shall provide a sufficient cover, overhead, on all carriages or cages used for lowering and hoisting persons into and out of the mine, and, on the top of

every shaft, an approved safety-gate; also, an approved safety-spring on the top of every slope. An adequate brake shall be attached to every dram or machine used for lowering or raising persons into or out of all shafts or slopes; and also a proper indicator, in addition to any mark on the rope, which shall show to the person who works the machine the position of the cage or load in the shaft. And there shall be cut in the side of every hoisting-shaft, at the bottom thereof, a traveling-way sufficiently high and wide to enable persons to pass the shaft in going from one side to the other, without passing over or under the cage or other hoisting apparatus.

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SECTION 5468. The owner or agent of every coal-mine shaft or slope, shall keep the top of every such shaft or slope, and the entrance thereof, securely fenced off by vertical or flat gates, covering and protecting the mouth of such shaft or slope. The entrance of an abandoned shaft or slope shall be securely fenced off, so that no injury can arise therefrom. The owner or agent, or either of them, violating the provisions of this section shall be fined in any sum not exceeding $100 for each day or part of a day the same is violated.

SECTION 5469. Any miner, workman, or other person, who shall, knowingly, injure or interfere with any safety-lamp, air-course, or with any brattice, or obstruct or throw open doors, or disturb any part of the machinery, or ride upon a loaded car or wagon in any shaft or slope, or do any act whereby the lives or health of the persons, or the security of the mines and machinery are endangered, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding $10.

SECTION 5470. The mine inspector, miners employed and working in and about the mine, the owner of the land, or other persons interested in the royalty or rental of such mine, shall, at all proper times, have full right of access and examination of all scales, machinery, or apparatus used in or about said mine, including the bank-book in which the weight of coal is kept, to determine the amount of coal mined, for the purpose of attesting the accuracy thereof.

SECTION 5472, (as amended by section 1753, supplement of 1889). The rope used for hoisting and lowering in every coal mine shall be a wire rope, and shall be examined by some competent person every morning, before the men descend into the shaft. When gas is known to exist, there shall be a competent fire-boss, whose duty it shall be to examine each and every place in the mine, before the men are permitted to enter for work. Said fire-boss shall be at the bottom or mouth of the mine each day, to inform every man as to the state of his room or entry. Said work shall be carefully examined every morning, with safety-lamps, by a competent person, before any workmen are allowed to enter.

SECTION 5473.

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* The governor, with the advice and consent of the senate, shall appoint a mine inspector, who shall hold his office for two years and until his successor shall be appointed and qualified. Such inspector shall be a resident of the State of Indiana, and a practical miner in said State; and no person shall be eligible to hold the office of mine inspector who is or may be pecuniarily interested in any coal mine within this State, directly or indirectly. Said mine inspector, before entering upon the duties of his office, shall execute a bond, with sufficient surety, payable to the State of Indiana, in the sum of one thousand dollars, for the faithful discharge of the duties of his office; which bond shall be approved by and filed with the secretary of State. He shall take an oath of office, which shall be endorsed on the back of his bond.

SECTION 5475. It shall be the duty of the mine inspector appointed under this act to enter, examine, and inspect any and all coal mines, and the works and machinery belonging thereto, at any reasonable time, by day or by night, but so as not to hinder or obstruct the working of any coal mine more than is reasonably necessary, in the discharge of his duties; and the agent or owner of such coal mine is hereby required to furnish the necessary facilities for such entry, examination, and inspection. Should the owner or agent fail or refuse to permit such inspection or furnish such facilities, the owner or agent so failing shall be deemed to have committed a misdemeanor. And it is hereby made the duty of such inspector to charge such owner or agent with such violation, under oath, in any court having jurisdiction; and, upon conviction, the owner or agent, or either or both, shall be fined in any sum not exceeding one hundred dollars for each offense.

SECTION 5476. The inspector appointed under this act shall devote his entire time and attention to the duties of his office. He shall make personal inspection, at least twice each year, of all coal mines in this State, and shall see that every precaution is taken to insure the health and safety of the workmen therein employed, that the provisions and requirements of this act are faithfully car

ried out, and that the penalties of the law are enforced against all who willfully disobey its requirements. He shall also collect and tabulate the following facts: The number and thickness of each vein or stratum of coal, and their respective depths below the surface, which are now worked or may be hereafter worked; the kind or quality of coal; how the same is mined, whether by shaft, slope, or drift; the number of mines in operation in each county; the owners thereof; the number of men employed in each mine; and the aggregate yearly production of tons from each mine; estimate the amount of capital employed at each mine; and give any other information relative to coal and mining that he may deem necessary; all of which facts, so tabulated, together with a statement of the condition of mines as to safety and ventilation, he shall freely set forth in an annual report to the governor, together with his recommendation as to such other legislation on the subject of mining as he may think proper.

SECTION 5477. No boy under fourteen years of age shall be employed to work in any of the mines of this State.

SECTION 5478. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding five hundred dollars for each offense. SECTION 5479. Nothing in this act shall apply to any coal mine when there is less than ten men used in and about such mine.

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SECTION 5480, (as amended by section 1754, supplement of 1889). It shall be the duty of the mine-inspector, in addition to his other duties, to examine all scales used at any coal mine in this State for the purpose of weighing coal taken out of said mine; the same to be tested by sealed weights, to be furnished to said mine inspector by the auditor of the State, the cost of which is to be audited by the auditor of State, and paid out of any money in the State treasury not otherwise appropriated. And, on inspection, if found incorrect, he shall notify the owner or agent of any such mine that the same is incorrect, and, after such notice, it shall be unlawful for any person or agent to use or suffer the same to be used, until the same is so adjusted that the same will give the true and correct weight. Any person violating the provisions of this section shall, on conviction, be fined in any sum not less than ten nor more than one hundred dollars for each day or part of a day the same may be used.

[NOTE.-Sections 1764, 1766, and 1778 of Elliott's Supplement of 1889 are sections 2, 4, and 16 of an act approved March 11, 1889. This act has no enacting clause and does not therefore comply with section 1 article 4 of the constitution of the State. If this act is operative, sections 1764 and 1766 would supersede section 5480 of the Revised Statutes of 1881 as amended by section 1754 of Elliott's Supplement of 1889, and section 1778 would supersede section 5464 of the Revised Statutes of 1881. The above named sections of Elliott's Supplement of 1889 are given in full further along.]

CHAPTER 90.-Bureau of statistics.

SECTION 5718, (as amended by section 1852, Elliott's Supplement of 1889). It shall be the duty of the two houses of the General Assembly, in joint convention, to select, at its regular biennial session, some suitable person to act as chief, who shall have power to select such assistants as he may deem necessary; and said officer and assistants shall constitute the Indiana bureau of statistics, with office room to be furnished by the State.

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SECTION 5719. The duties of said bureau shall be to collect, systematize, tabulate, and present in annual reports, as hereinafter provided, statistical information and details relating to agriculture, manufacturing, mining, commerce, education, labor, social and sanitary condition, vital statistics, marriages, and deaths, and to the permanent prosperity of the productive industry of the people of the State.

SECTION 5720. It shall be the duty of the several city, incorporated town, county, and township assessors, trustees, officers of school boards, and boards of health, in their respective cities, towns, counties, and townships; the agents or superintendents of all manufacturing, mining, and mechanical establishments; the managers and superintendents of all corporations, manufacturing, mechanical, and transportation companies and associations; and county superintendents of schools,-to make reports and answer questions relating to the duties of said bureau, upon such blanks as may be furnished to them for such purposes by said bureau. And the chief of said department shall have power to administer oaths, and to examine witnesses under oath,on questions relating to production, manufacturing, mining, transportation, labor, wages, savings, and respecting such other matters as relate to the duties of said bureau.