CHAPTER 35.-Liability of railroad companies for injuries of employés.

SECTION 697. That in every case the liability of the corporation to a servant or employé acting under the orders of his superior, shall be the same in case of injury sustained by default or wrongful act of his superior, or to an employé not appointed or controlled by him as if such servant or employé were a passenger. CHAPTER 35.-Judgment for work or labor done to be a lien on railroad property.

SECTION 707. A judgment against any railway corporation for any injury to person or property, or for material furnished, or work or labor done upon any of the property of such corporation, sha'l be a lien within the county where recovered on the property of such corporation, and such lien shall be prior and superior to the lien of any mortgage or trust deed provided for in this act.

CHAPTER 86.-Earnings of married women.

SECTION 1442. All work and labor performed by a married woman for a person other than her husband and children shall, unless there is a written agreement on her part to the contrary, be presumed to be performed on her separate account.

CHAPTER 89.-Safety apparatus for mine shafts.

SECTION 1508. It shall be unlawful for any person or persons, company or companies, corporation or corporations, after the first day of July, A. D. 1887, to sink or work through any vertical shaft where mining cages are used at a greater depth than three hundred feet, unless the said shaft shall be provided with an iron-bonneted safety cage, to be used in the lowering and hoisting of the employés of such person or persons, company or companies, corporation or corporations. The safety apparatus, whether consisting of eccentrics, springs or other device, shall be securely fastened to the cage and shall be of sufficient strength to hold the cage loaded at any depth to which the shaft may be sunk. The iron bonnet aforesaid shall be made of boiler sheet iron of a good quality, of at least three-sixteenths of an inch in thickness and shall cover the top of said cage in such manner as to afford the greatest protection to life and limb from any matter falling down said shaft.

SECTION 1509. Any person or persons, company or companies, corporation or corporations, after the first day of July, A. D. 1887, who shall neglect, fail or refuse to comply with the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars.

CHAPTER 100.-Exemption from taxation.

SECTION 1658. The following classes of property shall be exempt from taxation:

Fifth. The property of widows or orphan children, not to exceed the amount of one thousand dollars to any one family.

Sixth. Growing crops.

Seventh. Tools of mechanics, farming tools of husbandmen, libraries of professional men and private citizens, household furniture of families or householders, which do not exceed in value the sum of two hundred and fifty dollars.

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Tenth. All live stock under the age of six months.

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CHAPTER 121.-Wages preferred-In assignments.

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SECTION 2050. That in all assignments of property made by any person, association, corporation, co¡ artnership, chartered company or corporation, to trustees or assignees on account of inability of assignor at the time of the assignment to pay his or their debts, or in proceedings in insolvency the wages of the miners, mechanics, salesmen, servants, clerks or laborers employed by such as signor for services rendered within sixty days immediately previous to such as

signment, not to exceed two hundred dollars for each person, are preferred claims and must be paid by such trustees or assignees before any other creditor or creditors of such assignor.

CHAPTER 121.-Wages preferred-In administration.

SECTION 2051. In case of the death of any employer, the wages of each miner, mechanic, salesman, clerk, servant or laborer for services rendered within the sixty days next preceding the death of the employer, not exceeding two hundred dollars, shall rank in priority next after the funeral expenses, expense of the last sickness, the charges and expenses of administration upon the estate, and the allowance to the widow and infant children, must be paid before other claims against the estate of the deceased person.

CHAPTER 121.-Executions, etc., subject to claim of employés for wages.

SECTION 2052. In case of executions, attachments and writs of a similar nature, issued against any person, corporation, association, copartnership, or chartered company, except for claims for labor done, any miners, mechanics, salesmen, servants, clerks or laborers who have claims against the defendant for labor done, may give notice of their claims and the amount thereof, sworn to by the person making the claim, to the parties plaintiff and defendant to the action in which such execution, attachment or other writ has been issued, and upon the officer executing the same. Service of notice herein required may be made upon the officer charged with the execution of such writ in one or more cases that may be pending against such person, who shall forthwith serve such notice and claim, by copy, upon the said parties, plaintiff and defendant, if found in the county where such action is pending, or upon their respective attorneys employed in such case or cases pending.

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ACTS OF 1889.

Inspection of steam boilers and examination of engineers.

(Page 101.)

SECTION 1. There shall be appointed by the governor, by and with the advice of the legislative council, one boiler inspector for Montana, whose duty it shall be to inspect all steam boilers in use in Montana, not subject to inspection under the laws of the United States, and to examine and grant certificates of license to steam engineers entrusted with the care and management of steam boilers and steam machinery; said inspector shall receive a salary at the rate of $200 per month, and shall be appointed for the term of two years, unless sooner removed by the governor for cause;

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SECTION 2. No person shall be eligible to hold the office of inspector of boilers and steam machinery who has not had at least five years' actual practice in the operation of steam engines and steam boilers, or who is directly or indirectly interested in the manufacture or sale of boilers or steam machinery, or any patented article required to be sold or in general use if the construction of steam boilers or steam engines, or who is not of good moral character and temperate habits, and suitably qualified by experience with steam boilers and machinery so as to enable him to perform the duties of the office:

SECTION 3. There shall also be an assistant inspector, to be called the assistant inspector of boilers. Such assistant inspector shall be a person who has had at least four years' experience in practical running and operation of steam engines and boilers, and he shall be a person of temperate habits and good character, and qualified by experience to perform the duties of his office. He shall be appointed by the governor, by and with the advice and consent of the council, and shall be subject to removal at the will of such governor.

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SECTION 5. The said inspector of boilers shall inspect all steam boilers or steam generators before the same shall be used, except in the case of new boilers, which shall be inspected within ninety (90) days after they are put in use, unless accompanied by a certificate that such boiler has been inspected by a regular state inspector, and all boilers shall be inspected once at least in every year thereafter. And the inspector of boilers shall subject all boilers to hydrostatic pressure, and shall satisfy himself, by a thorough internal and external examination, that the boilers are well made and of good and suitable materials; that

the openings for the passage of water and steam, respectively, and all pipes and tubes exposed to heat are of the proper dimensions and free from obstructions; that the flues are circular in form; that the fire line of the furnace is at least two inches below the prescribed minimum water line of the boilers; that the arrangement for delivering the feed water is such that the boilers cannot be injured thereby, and that such boilers and their steam connections may be safely employed without danger to life. He shall also satisfy himself that the safety valves are of suitable dimensions, sufficient in number and area and properly arranged and that the safety valve weights are properly adjusted, so as to allow no greater pressure in the boilers than the amount prescribed by the inspection certificate; that there are a sufficient number of gauge cocks properly inserted to indicate the amount of water, and suitable gauges that will correctly record the pressure of steam; and adequate and certain provisions for an ample supply to feed the boilers at all times, and that suitable means for blowing out are provided, so as to thoroughly remove the mud and sediment from all parts of the boilers when they are under pressure of steam. In subjecting boilers to the hydrostatic test, the inspector shall assume one hundred and twenty-five (125) pounds to the square inch as the maximum pressure allowable as a working pressure for new boilers of forty-two inches in diameter, made in the best manner of plates one-fourth of an inch thick and of good material; but the inspector shall rate the working power of all high-pressure boilers according to their strength as compared with this standard, and in all cases, the test applied shall exceed the working pressure allowed, in the ratio of one hundred (10)) to seventy-five (75). Should the inspector be of the opinion that any boiler, by reason of its construction or material, will not safely allow so high a working pressure, or will allow a greater working pressure than is herein provided, he may, for reasons to be stated specifically in his certificate, fix the pressure of such boiler at more or less than three-fourths () of the test pressure, as the case may be. No boiler or steam pipe, nor any of the connections thereto, shall be approved which is made in whole or in part of bad material, or is unsafe from any cause. Nothing herein shall be construed to prevent the use of any boiler or steam generator which may not be constructed of riveted iron or steel plates, when the inspector has satisfactory evidence that such boiler or steam generator is equal in strength and as safe from explosion as boilers of the best quality constructed of iron or steel plates: Provided, In any case where for good cause the inspector is unable to make any such inspection or examination of any steam boiler, it shall be the duty of the assistant inspector to proceed and act in accordance with the requirements of this law, as fully as the inspector is hereby empowered and directed to do.

SECTION 6. In addition to the annual inspection, it shall be the duty of the inspector, or of the assistant inspector, to examine at proper times, when in their opinion such examination shall become necessary, all such boilers as shall become unsafe from any cause, and to notify the owner, or the person using such boilers of any defect and what repairs are necessary to render them safe. In case of failure to comply with the requirements of said inspector or assistant inspector, the owner or person using such boiler shall be liable to a fine not exceeding five hundred (500) dollars and liable for any damage to person or property resulting therefrom.

SECTION 7. It shall be the duty of the owners or managers of steam boilers mentioned in this act, to allow said inspectors free access to the same, and it is hereby made the duty of engineers operating the same to assist the inspectors in their examinations and to point out any defects they may know in the boilers or machinery in their charge. Any engineer not complying with this section shall be subject to have his license revoked (r be suspended.

SECTION 8. No person shall be granted a license to operate steam boilers or steam machinery under the provisions of this act who has not been examined by an inspector and found competent to perform the duties of an engineer and receive from such inspector a written or printed license so to act. Any person who shall operate any steam boiler or steam engines without first obtaining a license from an inspector or assistant inspector, shall be deemed guilty of a misdemeanor, and shall be fined not to exceed fifty (50) dollars, or imprisonment in the county jail for not more than thirty (30) days. Engineers shall be divided into three classes, namely: First-class engineers, second-class engineers, thirdclass engineers. No license shall be granted to any person to perform the duties of first-class engineer" who has not taken and subscribed an oath that he bas had at least three years' experience in the operation of steam boilers and steam machinery, or whose knowledge or experience is not such as to justify the belief

that he is competent to take charge of all classes of steam boilers and steam machinery. No license shall be granted to any person to act as "second-class engineer" who has not taken and subscribed an oath that he has had at least two years' experience in the operation of steam boilers and steam machinery, and whose experience and habits of life are such as to warrant the belief that he is competent to take charge of all classes of steam boilers and steam machinery, not exceeding one hundred (100) horse power. No license shall be granted to any person to act as "third-class engineer" who has not served at least one (1) year as fireman under a competent engineer, and found upon examination to be sufficiently acquainted with the duties of an engineer, to warrant the belief that he can be safely trusted with steam boilers and steam machinery, not exceeding twenty (20) horse power. All firemen who have charge of steam boilers, as to the regulation of the feed water, etc., and where the boilers are so situated as not at all times to be under the eye of the engineer in charge, shall be required to pass a "third-class engineer's" examination and procure the same license. Whenever complaint is made against an engineer holding a license from the territorial inspectors, that he has through negligence, want of skill, or inattention to duty, permitted his boiler to burn, or otherwise to become in bad condition, or that he has been found intoxicated while on duty, it shall be the duty of the inspector or assistant inspector to make a thorough investigation of the charge, and upon satisfactory proof of such charge to revoke the license of such engineer, provided nothing in this section contained shall permit the assistant inspector to issue any license certificate to a first-class engineer without first submitting the recommendation that such certificate be issued to the approval of the inspector and securing his approval and consent thereto. The inspector and the assistant inspector shall, as often as convenient, publish a notice in some suitable newspaper, stating upon what days they will be in certain specified localities, and that they will then, and at the time and place specified in such notice, receive applications and make examinations for the purpose of granting engineers' certificates, and that they will, also, on or about said specified times, examine all boilers subject to inspection in the vicinity of the place where such notice may be published.

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SECTION 9. Any inspector or assistant inspector who shall wilfully certify falsely regarding any steam boilers or their attachments, or shall grant a license to any person to act as engineer, contrary to the provisions of this act, shall, on conviction thereof, be punished by a fine not exceeding five hundred dollars ($500) or imprisonment not exceeding one (1) year in the Territorial prison, or both, at the discretion of the court.

SECTION 10. The inspector or assistant inspector shall be authorized to charge a fee of ten (10) dollars for the inspection of each single boiler and its steam connections, and five (5) dollars for each additional boiler, when connected, said fee payable at the time of the delivery of the inspector's certificate of inspection. The fee for the examination of applicants for engineer's license shall be seven dollars and fifty cents (87.50) for first-class engineers, five (5) dollars for secondclass engineers, and three (3) dollars for third-class engineers; which said fee shall be paid at the time of application for license. In case of the failure of an applicant to pass a successful examination, three (3) months must elapse before he can be again examined as an applicant for license herein in the class for which he was examined: Provided, That the said inspector may grant to an applicant a lower grade of license than that applied for upon such examination. All certificates of inspection and engineer's licenses shall be displayed in some conspicuous place in the engine room.

SECTION 11. If any person who has applied for a license as a first, or second, or third class engineer under the provisions of this act and been rejected, feels aggrieved, he may at any time after the lapse of ten days, and within ninety days after the day of his rejection, by petition in writing, set forth the causes for his grievance and demand another examination. Such petition shall be addressed to and served upon the inspector, and shall be duly verified by the rejected applicant, and shall be accompanied by the required fee for a second examination. Within two days after receiving such petition and fee, it shall be the duty of the inspector of boilers to notify the applicant in writing, that on a day certain, which shall be not less than five nor more than forty days after the day of the service of the petition upon such inspector, he will be ready to grant him another examination. At least two days before the day set for such examination the applicant shall designate in writing to such inspector, an engineer holding a certifi cate of equal grade with the one such applicant may ask reëxamination for, whom he will have present upon the day and at the hour fixed for his reëxamination.

LABOR LAWS OF THE UNITED STATES.

Upon the same day, or any day prior to the date set for such examination such inspector and selected engineer shall in writing agree upon and designate and notify a third disinterested engineer holding a license equal in grade to the rejected applicant's, to sit with them on the day set for such reëxamination as an examining board to reëxamine such rejected applicant for a certificate of the class he may have applied for and been rejected. Upon the day and hour set for such reexamination all three of such board, that is, the inspector and the engineer selected by the applicant and the engineer agreed upon by them, shall proceed to carefully reëxamine such applicant and fully and fairly test his qualifications and capabilities to receive a license such as he may apply for. After such examination is completed, if a majority of such board decide that such applicant is entitled to the license he has applied for, or any license of any inferior grade, the inspector shall without delay issue a certificate accordingly but if a majority of such board reject such applicant, it shall be deemed a final rejection and he shall not be granted another examination for the space of ninety days after such last rejection, when he may again apply to the inspector or assistant as provided by section ten of this act, and no person shall be granted more than one reëxamination before a board under the provisions of this act. SECTION 12. This act shall not apply to railroad locomotives in Montana, nor shall it apply to traction engines, engines and boilers mounted on wheels, boilers used for heating purposes in private residences, nor shall it apply to other boilers having a capacity of five-horse power or less, nor shall locomotive engineers or persons operating any of the engines or boilers herein exempted from the operation of this act, be required to procure licenses from the Territorial inspector or assistant inspector: Provided, Nothing in this act anywhere contained shall "be construed to exempt from inspection and examination any steam boiler in use anywhere within the limits of an incorporated city or town:

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All moneys SECTION 13. All certificates of licenses to engineers of all classes shall be renewed yearly. The fee for renewal shall be one dollar in all cases. collected by virtue of this act shall be paid by the board of inspectors into the territorial treasury at least as often as once in each month. It shall be the duty of the inspector of boilers to make an annual report to the governor of Montana, * * the number of boilers inspected by them, and number setting forth and grades of licenses issued and to whom, and the general results of the experiences of his office; and such recommendations as to him may seem proper and fit. Said report shall also refer to and account for the causes of any boiler explosions which may have occurred in Montana during the year, and the loss of life or property.

SECTION 15. After the expiration of nine months from the first of March, 1889, it shall be unlawful for any person in the territory or state to operate a stationary boiler or steam engine, or any boiler or steam engine other than railroad locomotives or other engines and boilers exempted in section ten (10) of this act, as herein provided for, without a license granted under the provisions of this act. The owner, renter or user of the steam engine or boiler shall be equally liable for violations of this section: Provided, however, That in case of accident, sickness, refusal to work or any unforeseen event of the licensed engineer employed by any owner, renter or user of a steam engine or boiler, operated in remote districts, which would retard the work to be performed, the owner, renter or user may for the space of four (4) weeks employ any person he may consider competent to run the engine or boiler, said person not having a license: Provided, however, That the person so employing the unlicensed engineer shall immediately notify the inspector or assistant inspector.

Mine regulations and inspection.

(Page 160.)

SECTION 1. The office of inspector of mines of Montana created.

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SECTION 2. The governor, by and with the consent and advice of the legislative council, shall appoint an inspector of mines, who shall be a person of temperate habits, a citizen of the United States, a resident of Montana, and a property owner therein, not under thirty (30) years of age, who shall be theoretically and practically acquainted with mines and mining in all its branches, and whose * * *. No perterm of office shall be for two (2) years, unless sooner removed by the governor for cause, and whose office shall be at the capital of Montana: