XVI.

LABOR.

OHIO. No provision.

Protection to be given by laws:

Utah A 16, S 1; Wyo. A 1, S 2.

Wages of laborers:

Tex. A 16, S 35. The legislature shall, at its first session, pass laws to protect laborers on public buildings, streets, roads, railroads, canals, and other similar public works, against the failure of contractors and sub-contractors to pay their current wages when due, and to make the corporation, company or individual for whose benefit the work is done, responsible for their ultimate payment.

Tex. A 16, S 28. No current wages for personal service shall ever be subject to garnishment.

Labor to have lien for wages:

Cal. A 20, S 15; Fla. A 16, S 22; Idaho A 13, S 6; La. A 185; N. C. A 10,
S 4; A 14, S 4.

Texas A 16, S 37. Mechanics, artisans and material men, of
every class, shall have a lien upon the buildings and articles
made or repaired by them, for the value of their labor done
thereon, or material furnished; and the legislature shall provide
by law for the speedy and efficient enforcement of said liens.
Limitation upon number of hours constituting day's labor:
Eight hours:

Cal. A 20 (amdt. 1902), S 17; Col. A 5, S 25a; Idaho A 13, S 2; Utah
A 16, S 6; Wyo. A 19, S 1.

Arizona A 18, S 1. Eight hours and no more shall constitute
a lawful day's work in all employment by. or on behalf of, the
State or any political subdivision of the State. The legislature
shall enact such laws as may be necessary to put this provision
into effect, and shall prescribe proper penalties for any violations
of said laws.

Oklahoma A 23, S 1. Eight hours shall constitute a day's work in all cases of employment by and on behalf of the state or any county or municipality.

New Mexico A 20, S 19. Eight hours shall constitute a day's work in all cases of employment by and on behalf of the state or any county or municipality thereof.

Employment of
Women and
Children.

Courts of Conciliation.

Providing for health and safety of laborers:

Ark. A 19, S 18; Colo. A 16, S 1; Colo. A 16. S 2 & 3; Ill. A 4, S 29; Wash. A 2, S 35; Wyo. A 9, S 1; Wyo. A 9, S 2; Wyo. A 9, S 3, 4. Oklahoma A 23, S 5. The legislature shall pass laws to protect the health and safety of employes in factories, in mines, and on railroads.

New Mexico A 17, S 2. The legislature shall enact laws requiring the proper ventilation of mines, the construction and maintenance of escapement shafts or slopes, and the adoption and use of appliances necessary to protect the health and secure the safety of employes therein. No children under the age of fourteen years shall be employed in mines.

Restrictions as to the employment of women and children:

Idaho A 13, S 4; Ky. S 243; N. D. A 17, S 209; N. M. A 20, S 10;
Utah A 16, S 3.

Arizona A 18, S 2. No child under the age of fourteen years
shall be employed in any gainful occupation at any time during
the hours in which the public schools of the district in which
the child resides are in session; nor shall any child under sixteen
years of age be employed underground in mines, or in any occu-
pation injurious to health or morals or hazardous to life or limb;
nor in any occupation at night, or for more than eight hours in
any day.

Oklahoma A 23, S 3. The employment of children under the age of fifteen years, in any occupation, injurious to health or morals, or especially hazardous to life or limb, is hereby prohibited.

Oklahoma A 23, S 4. Boys under the age of sixteen years and women and girls, shall not be employed underground, in the operation of mines; and, except in cases of emergency, eight hours shall constitute a day's work underground in all mines of the state.

Michigan A 5, S 29. The legislature shall have power to enact laws relative to the hours and conditions under which women and children may be employed.

OHIO A 4, S 19. The general assembly may establish courts of conciliation, and prescribe their powers and duties; but such courts shall not render final judgment in any case, except upon submission, by the parties, of the matter in dispute, and their agreement to abide such judgment.

Similar provisions in the following states:

Idaho A 13, S 7; Ind. A 7, S 19; La. A 176; N. D. A 4, S 120; S. C.
A 6, S 1; Utah A 16, S 2; Wyo. A 19, S 1; Wyo. A 5, S 28.

Mich. A 16, S 7. The legislature may establish courts of conciliation with such powers and duties as shall be prescribed by law.

Okla. A 6, S 21. The legislature shall create a board of arbitration and conciliation in the department of labor and the commissioner of labor shall be ex-officio chairman.

Okla. A 9, S 42. Every license issued or charter granted to a mining or public service corporation, foreign or domestic, shall contain a stipulation that such corporation will submit any difference it may have with employes in reference to labor, to arbitration, as shall be provided by law.

Texas A 16, S 13. It shall be the duty of the legislature to pass such laws as may be necessary and proper to decide differences by arbitration, when the parties shall elect that method of trial.

Wis. A 7, S 16. The legislature shall pass laws for the regula-
tion of tribunals of conciliation, defining their powers and duties.
Such tribunals may be established in and for any township, and
shall have power to render judgment to be obligatory on the
parties, when they shall voluntarily submit their matter in dif-
ference to arbitration, and agree to abide the judgment, of assent
thereto in writing.

Labor Commissioner and Inspector provided for by constitution:
Idaho A 13, S 1; Mont. A 18, S 1; Va. A 5, S 86.

Okla. A 6, S 20. A deparment of labor is hereby created to
be under the control of a commissioner of labor, who shall be
elected by the people, whose term of office shall be four years,
and whose duties shall be prescribed by law.

Okla. A 6, S 26. The legislature shall create mining districts and provide for the appointment or election of assistant inspectors therein, who shall be under the general control of the Chief Mine Inspector, and the legislature shall define their qualifications and duties and fix their compensation.

Inspectors:

Ariz. A 19; N. M. A 17, S 1.

Convict Labor:

Cal. A 10, S 6; Ill. Amdt. 1; Ky. S 253, 254; La. A 196; Miss. A 4, S 85; Miss. A 10, S 223; Miss. A 10, S 224, 225, 226; N. M. A 20, S 18; S. C. A 12, S 6, 9; Vt. Chap. 2, S 37; Idaho A 23, S 5; Wyo. A 19, S 1, (non-citizen not to be employed upon public work); Wash. A 2, S 29. N. Y. A 3, S 29. The legislature shall, by law, provide for the occupation and employment of prisoners sentenced to the several state prisons, penitentiaries, jails and reformatories in the

Convict Labor.

state; and on and after the first day of January, in the year one thousand eight hundred and ninety-seven, no person in any such prison, penitentiary, jail or reformatory, shall be required or allowed to work, while under such sentence thereto, at any trade, industry or occupation wherein or whereby his work, or the product or profit of his work, shall be farmed out, contracted, given or sold to any person, firm, association or corporation. This section shall not be construed to prevent the legislature from providing that convicts may work for, and that the products of their labors may be disposed of to, the state or any political division thereof, or for or to any public institution owned or managed and controlled by the state, or any political division thereof.

Okla. A 23, S 2. The contracting of convict labor is hereby prohibited.

Texas A 16, S 3. The legislature shall make provisions whereby persons convicted of misdemeanors and committed to the county jails in default of payment of fines and costs, shall be required to discharge such fines and costs by manual labor, under such regulations as may be prescribed by law.

Constitutional provisions relating to actions, and defenses of fellow servant, contributory negligence, and assumption of risk; prohibition against contract abrogating right to sue for injury:

Wyo. A 9, S 4; Wyo. A 19, S 1.

Ariz. A 18, S 3, 4, 5, 6. S 3. It shall be unlawful for any person, company or association or corporation to require of its servants or employes as a condition of their employment, or otherwise, any contract or agreement whereby such person, company, association, or corporation shall be released or discharged from liability or responsibility on account of personal injuries which may be received by such servants or employes while in the service or employment of such person, company, association, or corporation, by reason of the negligence of such person, company, association, corporation or the agents or employes thereof; and any such contract or agreement if made, shall be null and void.

S 4. The common law doctrine of fellow servant, so far as affects the liability of a master for injuries to his servant resulting from the acts or omissions of any other servant or servants of the common master is forever abrogated.

S 5. The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact, and shall, at all times, be left to the jury.

S 6. The right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation.

N. M. A 20, S 16. Every person, receiver or corporation owning or operating a railroad within this state shall be liable in damages for injury to or the death of, any person in its employ, resulting from the negligence, in whole or in part, of said owner or operator or of any of the officers, agents or employes thereof, or by reason of any defect or insufficiency, due to its negligence, in whole or in part, in its cars, engines, appliances, machinery, tract, roadbed, works or other equipment. An action for negligently causing the death of an employe as above provided shall be maintained by the executor or administrator for the benefit of the employe's surviving widow or husband and children, or, if none, then his parents, or, if none, then the next of kin dependent upon said deceased. The amount recovered may be distributed as provided by law. Any contract or agreement made in advance of such injury with an employe waiving or limiting any right to recover such damages shall be void.

This provision shall not be construed to affect the provisions of section two of article twenty-two of this constitution, being the article upon Schedule.

Prohibition of blacklists:

Utah A 16, S 4.

Ariz. A 18, S 9. The exchange, solicitation, or giving out of
any labor "black list", is hereby prohibited, and suitable laws
shall be enacted to put this provision into effect.

Provision for workmen's compensation and employers liability acts:
Cal. A 20; Vt. A 32 (pending).

Arizona A 18, S 7 and 8. To protect the safety of employees
in all hazardous occupations, in mining, smelting, manufacturing,
railroad or street railway transportation, or any other industry
the Legislature shall enact an Employer's Liability law, by the
terms of which any employer, whether individual. association or
corporation shall be liable for the death or injury, caused by any
accident due to a condition or conditions of such occupation, of
any employee in the service of such employer in such hazardous
occupation, in all cases in which such death or injury of such
employee shall not have been caused by the negligence of the
employee killed or injurea.

The Legislature shall enact a Workmen's Compulsory Compensation law applicable to workmen engaged in manual or mechanical labor in such employments as the Legislature may determine to

Workmen's
Compensation
and Employer's
Liability.