act after disagreement is manifested in the tribunal by failure to agree during three meetings held and full discussion had. His award shall be final and conclusive upon such matters only as are submitted to him in writing and signed by the whole of the members of the tribunal, or by parties submitting the same. And the award of said tribunal shall be final and conclusive upon the questions so submitted to it: Provided, That said award may be impeached for fraud, accident, or mistake. SECTION 7. * **The chairman of the tribunal shall have power to administer oaths to all witnesses * * *, and a majority of said tribunal may provide for the examination and investigation of books, documents and accounts necessary, material and pertaining to the matters in hearing before the tribunal, and belonging to either party to the dispute. The umpire shall have power when necessary to administer oaths and examine witnesses, and examine and investigate books, documents and accounts pertaining to the matters submitted to him for decision. SECTION 9. Before the umpire shall proceed to act, the question or questions in dispute shall be plainly defined in writing and signed by the members of the tribunal or a majority thereof, or by the parties submitting the same; and such writing shall contain the submission of the decision thereof to the umpire by name, and shall provide that his decision thereon after hearing shall be final; and said umpire must make his award within five days from the time the question or questions in dispute are submitted to him. Said award shall me made to the tribunal; and if the award is for a specific sum of money, said award of money, or the award of the tribunal, when it shall be for a specific sum, may be made a matter of record by filing a copy thereof in the district court of the county wherein the tribunal is in session. When so entered of record it shall be final and conclusive, and the proper court may on motion of anyone interested, enter judgment thereon; and when the award is for a specific sum of money may issue final and other process to enforce the same ;* * * * SECTION 10. The form of the petition * * * shall be as follows: To the district court of * county (or a judge thereof **): The subscribers hereto being the number and having the qualifications required in this proceeding, being desirous of establishing a tribunal of voluntary arbitration for the settlement of disputes in the manufacturing, mechanical, mining and other industries, pray that a license for a tribunal of voluntary arbitra ion may be issued, to be composed of four persons and an umpire, as provided by law. CHAPTER 111.-Exemption from garnishment, etc.-Wages. SECTION 1, (as amended by chapter 268, acts of 1889). The earnings of a debtor, who is a resident of this State, for his personal services at any time within three months next preceding the issuing of an execution, attachment or garnishment process, can not be applied to the payment of his debts when it is made to appear by the debtor's affidavit or otherwise that such earnings are necessary for the maintenance of a family supported wholly or partly by his labor: Provided, That at the time of filing such affidavit the debtor shall notify the plaintiff or his agent or attorneys thereof in writing: And provided, That nothing herein contained shall prevent the adverse party from controverting the matters sought to be proven by such affidavit by counter-affidavit, or the same may be controverted by any competent evidence. CHAPTER 160.—Discharged soldiers and sailors preferred in employment on public works. * * * * * * SECTION 1. In grateful recognition of the services, sacrifices and sufferings of persons who served in the Army and Navy of the United States, in the war of the rebellion, and have been honorably discharged therefrom, they shall be preferred for appointment and employment to positions in every public department, and upon all public works of the State of Kansas, and of the cities and towns of this State, over other persons of equal qualification; and the persons thus preferred shall not be disqualified from holding any position in said service on account of his age, nor by reason of any physical disability: Provided, Such age or disability does not render him incompetent to perform the duties of the position applied for. SECTION 2. In making any reduction of force in any of the departments, cities or towns of this State, the officers of such department, city or town shall retain those persons who may be equally qualified, who have been honorably discharged from the military or naval service of the United States, and the widows and orphans of deceased soldiers and sailors. ACTS OF 1887. CHAPTER 116.—Coöperative associations. SECTION 1. Twenty or more persons in this State may organize and incorporate a cooperative society or company in the manner and form provided by law in other cases, for the purpose and to the end of more successfully promoting and conducting any industrial pursuit. SECTION 3. The shareholders in any such society or company shall each have but one vote in all matters pertaining to the business of such society or company, without regard to the number of shares owned. CHAPTER 117.-Coöperative associations. * * * SECTION 1. * -*- * * * * Provided, That co'perative associations may, further increase their capital stock to any amount not exceeding one hundred thousand dollars. CHAPTER 171.-Payment of wages. SECTION 1. It shall be unlawful for any person, firm, company or corporation to sell, give, deliver, or in any manner issue directly or indirectly to any person employed by him or it, in payment of wages due for labor, or as advances on the wages of labor not due, any scrip, token, check, draft, order, or other evidence of indebtedness payable to bearer or his assignee otherwise than at date of issue in lawful money of the United States. Any violation of the provisions of this section shall be punished by a fine of not less than twenty-five nor more than one hundred dollars, or imprisonment of not more than thirty days, or both; and the amount of any scrip, token, check, draft, order, or other evidence of indebtedness, sold, given, delivered, or in any manner issued in violation of the provisions of this section, shall be recovered in money at the suit of any holder thereof against the person, firm, company or corporation selling, giving, delivering, or in any manner issuing the same: Provided. That nothing contained in this section shall apply to or affect the right of any person or private individual from giving orders on any store or business house or firm in the business or the business or profits of which he or it has no interest directly or indirectly: Provided further. That such order shall only be given at the solicitation of the emplové of such person or private individual: * * * SECTION 2. Whoever compels or in any manner seeks to compel or attempts to coerce an employé of any person, firm or corporation to purchase goods or supplies from any particular person, firm or corporation, shall be fined not more than one hundred dollars nor less than twenty dollars, or imprisoned not more than sixty days, or both. CHAPTER 179.-Contractor's bond-Security for wages of employés on public works. SECTION 1. Whenever any public officer shall, under the laws of the State, enter into contract in any sum exceeding one hundred dollars, with any person or persons, for the purpose of making any public improvements, or constructing any public building or making repairs on the same, such officer shall take from the party contracted with a bond with good and sufficient sureties to the State of Kansas, in a sum not less than the sum total in the contract, conditioned that such contractor or contractors shall pay all indebtedness incurred for labor or material furnished in the construction of said public building or in making said public improvements. SECTION 2. Such bond shall be filed in the office of the clerk of the district court of the county in which such public improvement is to be made or such public building is to be erected; and any person to whom there is due any sum for labor or material furnished, as stated in section one of this act, or his assigns, may bring an action on said bond for the recovery of said indebtedness: Provided, That no action shall be brought on said bond after six months from the completion of said public improvements or public buildings. ACTS OF 1889. CHAPTER 104-Certain employments of children forbidden. * * * SECTION 1. any person, having in his custody or control a child under the age of fourteen years, who shall in any way dispose of it with a view to its being employed as an acrobat, or a gymnast, or a contortionist, or a circus rider, or a rope walker, or in any exhibition of like dangerous character, or as a beggar, or mendicant, or pauper, or street singer, or street musician: or any person who shall take, receive, hire, employ, use, exhibit, or have in custody any child of the age last named for any of the purposes last enumerated, shall be deemed guilty of a misdemeanor, and when convicted thereof shall be subject to punishment by a fine of not more than two hundred and fifty dollars, or by imprisonment for a term not exceeding one year, or both. CHAPTER 172—Shot-firing in mines. SECTION 1. All owners, lessees, operators of, or any other person having the control or management of any coal shaft, slope, drift or pit in this State employing miners to work therein, shall employ shot-firers to fire the shots therein. Said shots shall be fired once a day on each day when any such shaft, slope, drift or pit is in operation, but shall not be fired until after all miners and other employés working therein shall have been hoisted out of said mine. * * SECTION 2. It shall be unlawful for any miner or any other person other than the shot-firers * to fire any shot in any coal shaft, slope, drift or pit in this State. Any miner or other person engaged in mining coal in this State who shall drill any hole or fire any shot in the coal vein at the working-face of any room or entry until so much of said coal vein at said working-face as the said shot or shots are intended to throw down shall have been undermined to the depth of not less than two feet, or sheared or cut to the full depth of the drill or shot-hole and of the full thickness of the coal vein in rooms, or shall have been sheared to the full depth of the drill or shot-hole and the full thickness of vein in entries, or who shall so direct the drilling of such holes as to include between such shearing or mining and the back or rear end of the hole a greater width of coal than is contained between such shearing or mining and the mouth of the hole, shall be deemed guilty of of a misdemeanor, and fined as hereinafter provided. * * * SECTION 3. Any owner, lessee, operator, or other person having the control or management of any coal shaft, slope, drift or pit, who shall refuse to furnish the shot-firers, shall be deemed guilty of a misdemeanor, and on conviction therefor shall be fined in any sum not less than fifty nor more than two hundred dollars for each offense, or imprisonment in the county jail * for a period not to exceed thirty days, or by both such fine and imprisonment; * * * * * SECTION 4. Any miner or other person who shall fire any shot in violation of section two of this act shall be deemed guilty of a misdemeanor, and on conviction therefor shall be fined in any sum not less than fifty nor more than two hundred dollars, or imprisonment in the county jail not to exceed thirty days, or by both such fine and imprisonment; KENTUCKY. * * * * * GENERAL STATUTES OF 1881. CHAPTER 29, ARTICLE 14—Enticing employés. SECTION 13. If any person shall wilfully entice, persuade, or otherwise influence any person or persons who have contracted to labor for a fixed period of time, to abandon such contract before such period of service shall have expired, without the consent of the employer, shall be fined not exceeding fifty dollars, and be liable to the party injured for such damages as he or they may have sustained. CHAPTER 29, ARTICLE 17-Sunday labor. SECTION 10. No work or business shall be done on the Sabbath day, except the ordinary household offices, or other work of necessity or charity. If any person on the Sabbath day shall himself be found at his own, or any other trade or calling, or shall employ his apprentices, or other person, in labor or other business, whether the same be for profit or amusement, unless such as is permitted above, * * SECTION 15. The homestead of a woman shall, in like manner, be for the use of her surviving husband and her children, situated as above; and when his and their interest ceases, it shall be disposed of in like manner, and the proceeds applied on the same terms to her debts; if none, divided among her children. SECTION 16. The exemption provided for in this chapter shall apply to all persons, of any race or color, who are actual bona fide housekeepers of this commonwealth, but shall not apply to sales under execution, attachment, or judgment at the suit of creditors, if the debt or liability existed prior to the purchase of the land, or of the erection of the improvements thereon. ACT APPROVED APRIL 11, 1873-Earnings of married women. (Page 533.) SECTION 1, (as amended by chapter 293, acts of 1890). The wages and compensation of married women, for service and labor done and performed by them, shall be free from the debts and control of their husband; and their employers shall pay such wages and compensation to such married women only, unless otherwise directed by the written order of such married women. * * * ACT APPROVED MARCH 20, 1876.-Wages and claims for materials, etc., furnished preferred-In assignments, etc. (Page 982.) SECTION 1. When the property or effects of any railroad company, or of any owner or operator of any rolling mill, foundry, or other manufacturing establishment, whether incorporated or not, shall be assigned for the benefit of creditors, or shall come into the hands of any executor, administrator, commissioner, receiver of a court, trustee, or assignee, for the benefit of creditors, or shall in any wise come to be distributed among creditors, whether by operation of law or by the act of such company, owner, or operator, the employés of such company, owner, or operator in such business, and the persons who shall have supplied materials or supplies for the carrying on of such business, shall have a lien upon so much of such property and effects as may have been embarked in such business, and all the accessories connected therewith, including the interest of such company, owner or operator in the real estate used in carrying on such business. SECTION 2. The said lien shall be superior to the lien of any mortgage or other encumbrance heretofore or hereafter created, and shall be for the whole amount due such employés as such, or due for such materials or supplies: Provided, That no president or other chief officer, nor any director or stockholder of any such company, shall be deemed an employé within the meaning of this act. SECTION 3. When the trustee or other person having the administration or ribution of such property or effects shall continue the operation of the busi ! ness, it shall be his duty, at the end of each calendar month, after payment of current expenses, and after payment of any debt due the United States, or the State of Kentucky, to distribute the remaining money in his hands among the persons to whom a lien is hereby given, pro rata, except twenty per cent. thereof, which he may, if necessary, reserve for contingent expenses. SECTION 4. When any such company, owner or operator, shall suspend, sell, or transfer such business, or when the property or effects engaged in such business shall be taken in attachment or execution, so that the business shall be stopped or suspended, the said lien shall attach as fully as is provided in section first of this act, and in such case may be enforced by proceedings in equity. [The preceding is amended as follows by an act approved May 4, 1880, page 984 of the General Statutes:] SECTION 1. So much of an act, entitled "An act to provide for liens for laboring men and supply men," approved March 20, 1876, as allowed a prior lien to such persons as have furnished materials or supplies to any rolling mill, foundry, or other manufacturing establishment, for the payment of such claim, be, and the same is hereby, repealed. SECTION 2. That said original act be so amended as to allow a lien to all laboring men employed in rolling mills, foundries, or other manufacturing establishments, for wages due within sixty days before any assignment, for any purpose, as specified in the original act. ACTS OF 1883-'84. CHAPTER 1335.-Coal mine regulations and inspection. SECTION 1. There shall be appointed by the governor, with the advice and consent of the senate, an inspector of mines, who shall hold his office for four years, but shall be liable to be removed by the governor for wilful neglect of duty or malfeasance in office. Said inspector shall have a practical knowledge of chemistry, geology, and mineralogy, and shall also possess a practical knowledge of the different systems of working and ventilating coal mines, and of the nature and properties of the noxious and poisonous gases of the mines, especially fire-damp, and he shall have also a practical knowledge of mining and engineering; * * * SECTION 2. Said inspector shall give his entire time and attention to the discharge of the duties of his office, and it shall be a part of his duty to visit and inspect, as often as may be necessary, all the coal mines in actual operation in Kentucky, and to see that the provisions of this act are complied with by the owners, agents, and superintendents of all the mines in this State. SECTION 3, (as amended by chapter 875, acts of 1887-'88 and chapter 785, acts of 1889-'90). Said inspector shall have power to visit and inspect any mine to which this act applies. He shall examine into the condition of such mine with respect to ventilation, drainage, timbering and general security; and if, upon inspection, he finds that such ventilation, drainage or timbering as the health or sa ety of the persons employed in the mine would require has not been provided, or should he find the mine insecure in any part, or should he find that sufficient and safe means of ingress and egress have not been provided, said inspector shall at once notify the agent, superintendent or owner of the mine as to the unsafe or unwholesome condition of such mine, and require him to put the mine in a safe and wholesome condition, and such mine shall forth with be rendered safe and healthful. For a failure to comply with the directions of the inspector to render such mine safe, and to provide such ventilation as is sought to be secured by this act, and to provide safe and suitable means of ingress and egress, within sixty (60) days from the date of the inspection, the agent or superintendent and owner so delinquent, shall be liable to a fine of fifty ($50) dollars a day for every day that such mine shall be suffered to remain in such unsafe or unhealthful condition after the expiration of the sixty (60) days above provided, in which the required improvements should be made, which fine may be collected by indictment by the grand jury of the county in which such mine is situate. But in cases in which the inspector is satisfied, from personal investigation, that, even if due diligence is observed, the required improvements cannot be completed within the sixty (60) days above provided, he shall have authority to extend the time for not more than sixty (60) days longer; but when the time is thus extended the agent, superintendent or owner who is delinquent after the expiration of the additional time, shall be subject to indictment and fine as above provided. And as a cumulative |