same.

No label shall be recorded, that, probably, would be mistaken for a label already of record.

SEC. 644. Every such person, association or union adopting a label, trade-mark or form of advertisement, as aforesaid, may proceed by suit to enjoin the manufacture, use, display or sale of any such counterfeit or imitation, and all courts having jurisdiction thereof shall grant injunctions to restrain such manufacture, use, display or sale, and shall award the complainant in such suit such damages resulting from such wrongful manufacture, use, display or sale as may by said court be deemed just and reasonable, and shall require the defendant to pay such person, association or union the profits derived from such wrongful manufacture, use, display or sale; and said court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to any officer of the court or to complainant to be destroyed.

SEC. 645. Every person who shall use or display the genuine label, trade-mark or form of advertisement of any such person, association, or union, in any manner not authorized by such person, union or association, shall be guilty of a misdemeanor. In all cases where such association or union is not incorporated, suits under this act may be commenced and prosecuted by any officer or member or [of] such association or union, on behalf of and for the use of such association or union.

SEC. 646. Any person or persons who shall in any way use the name or seal of any person, association or union, or officer thereof, in and about the name of goods, or otherwise, not being authorized to use the same, shall be guilty of a misdemeanor.

PART I.-Protection of discharged employees, blacklisting, etc.

*

[sections

SEC. 656. Every person who violates any of the provisions of * * 3390, 3391 and 3392] of the Political Code, relating to the protection of discharged employees, and the prevention of blacklisting is guilty of a misdemeanor.

PART I.—Inspection of steam boilers, etc.

SEC. 657. Every person who violates any of the provisions of * [sections 580 to 590, inclusive] of the Political Code, relating to boiler inspection, except as otherwise provided, is guilty of a misdemeanor.

PART I.-Penalties for negligence of stationary engineers, railroad employees, etc. SEC. 670. Every person having charge of a steam boiler or steam engine, or other apparatus for generating or employing steam, used in any manufactory, or on a railroad, or in any vessel, or in any kind of mining, milling or mechanical works, who willfully, or from ignorance or neglect, creates or allows to be created such an undue quantity of steam as to burst or break the boiler, engine or apparatus, or to cause any other accident, whereby the death of a human being is produced, is punishable by imprisonment in the state prison, for not less than one nor more than ten years.

SEC. 671. Every conductor, engineer, brakeman, switchman or other person having charge, wholly or in part, of any railroad car, locomotive or train, who willfully or negligently suffers or causes the same to collide with another car, locomotive or train, or with any other object or thing, whereby the death of a human being is produced, is punishable by imprisonment in the state prison for not less than one nor more than ten years.

PART I.-Railroad employees-Penalties for intoxication, omission of duty, etc.

SEC. 690. Every person who is intoxicated while in charge of a locomotive engine, or while as conductor or driver upon any railroad car or train, whether propelled by steam or otherwise, or while acting as train dispatcher, or as telegraph operator receiving and transmitting dispatches, in relation to the movement of trains, is guilty of a misdemeanor.

SEC. 691. Every person who, in making up or running railroad trains, places or runs, or causes to be placed or run, any freight car in the rear of passenger cars, is guilty of a misdemeanor; and if loss of life or limb results from such placing or running, is guilty of felony. The term "freight car" as used in this section does not include a baggage, express or mail car.

SEC. 692. Every engineer, conductor, brakeman, switch tender or other officer, agent, or servant of any railroad company, who is guilty of any willful violation

or omission of his duty as such officer, agent or servant, whereby human life or safety is endangered, the punishment of which is not otherwise prescribed, is guilty of a misdemeanor.

PART I.-Mine shafts-Fences and safety apparatus.

SEC. 704. Every person who sinks any shaft or runs any drift or cut, or causes the same to be done within twenty feet of any trail, street, road, or public highway who fails within ten days from the time the shaft or drift is sunk or run to place a substantial cover over or fence around the same, is punishable by a fine not exceeding one hundred dollars. Mining and irrigating ditches may be dug or cut to a depth not exceeding three feet without incurring the penalty of this section. SEC. 705. It is unlawful for any person or corporation 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 the hoisting of the employees thereof. The safety apparatus, whether consisting of eccentrics, springs or other device, must be securely fastened to the cage and must be of sufficient strength to hold the cage loaded at any depth to which the shaft may be sunk. The iron bonnet aforesaid must be made of boiler sheet iron of good quality, of at least three-sixteenths of an inch in thickness, and must cover the top of such cage in such a manner as to afford the greatest protection to life and limb from anything falling down said shaft. Every person or corporation failing to comply with the provisions of this section is punishable by fine not exceeding one thousand dollars.

PART I.—Coal mine regulations and inspection.

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*

SEC. 718. Every person who violates any of the provisions of * [sections 3350 to 3365, inclusive] of the Political Code, relating to the regulation of coal mines, is guilty of a misdemeanor.

*

SEC. 722. Every person who violates any of the provisions of * * [sections 580 to 590, inclusive] of the Political Code, relating to the inspection of mines, * is guilty of a misdemeanor.

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PART I.-Importation of armed men for police duty prohibited.

SEC. 759. Every person who brings into this State an armed person or armed body of men for the preservation of the peace or the suppression of domestic violence, except at the solicitation and by the permission of the legislative assembly or of the governor, is punishable by imprisonment in the state prison not exceeding ten years and by a fine not exceeding ten thousand dollars.

PART I.-Contracts of employees waiving right to damages void.

SEC. 923. Every person, company or corporation, which requires of its servants or employees, as a condition of their employment or otherwise, any contract or agreement whereby such person, company or corporation, is released or discharged from liability or responsibility on account of personal injuries received by such servants or employees, while in the service of such person, company or corporation, by reason of the negligence of such person, company or corporation, or the agents or employees thereof, is punishable by imprisonment in the state prison not exceeding five years, or by a fine not exceeding five thousand dollars, or both.

PART I.-Railroads-Obstructing, injuring property of, etc.

SEC. 1030. Every person who maliciously, either-1. Removes, displaces, injures or destroys any part of any railroad, whether for cars propelled by steam or any motive power, or any track of any railroad or any branch or branchway, turnout, bridge, viaduct, culvert, embankment, station house or other structure or fixture, or any part thereof, attached or connected with any railroad; or, 2. Places any obstruction upon the rails or track of any railroad, of any switch, branch, branchway or turnout connected with any railroad-is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not less than six

months.

PART III.-Convict labor in state prisons.

SEC. 2950. The board of state prison commissioners consists of the governor, the secretary of state, and attorney general, and has such supervision of all matters connected with the state prison as is provided for in this title.

SEC. 2960. The board may, in its discretion, cause the prisoners, or any number of them, to be employed in any mechanical pursuits, and at hard labor, and furnish any convicts thus employed with any material that may be deemed necessary, in the same manner as is provided for the furnishing of supplies and stores to the state prison, and the board shall, in all respects, have the exclusive control of the employment of the convicts, and may from time to time employ them in such a manner as, in its opinion, will best subserve the interest of the State and the welfare of the prisoners. But neither the board nor the warden must let by contract to any person the labor of any convict in the prison.

SEC. 2961. If, at any time, the board is of the opinion that it would be to the interest of the State to employ any portion of the prisoners, either within or without the walls or inclosures of the state prison, either in improvement of the public grounds or buildings, or otherwise, where they may be profitably employed, it has power to so employ such labor; it must, in such case, direct the warden accordingly in writing, and cause a record of such order to be entered at length on the records of the board.

SEC. 2981. The board of state prison commissioners has full control of the state prison grounds, buildings, prison labor and prison property; has power to purchase or cause to be purchased all raw material and tools necessary for any manufacturing purposes carried on at the said prison; and to sell all manufactured articles and collect the money for the same. The board has power to make all needful rules and regulations in regard to the management of the prison, the care, custody, control and discipline of the convicts and the conduct of the guards and all persons connected with the prison.

PART III.-Convict labor in county jails.

SEC. 3038. Persons confined in the county jail under a judgment of imprisonment rendered in a criminal action or proceeding, may be required by the board of county commissioners to perform labor on the public works or ways in the county.

SEC. 3039. The board of county commissioners making such order may prescribe and enforce the rules and regulations under which such labor is to be performed.

PART III.-Industrial training in state reform school.

SEC. 3080. All branches taught in the public schools of the State shall be taught in the reform school, and the inmates shall be taught and trained in morality, temperance and frugality, and they shall also be instructed in the different trades and callings of the two sexes as far as possible in the scope of the institution.

NEBRASKA.

CONSTITUTION.

ARTICLE I.-Slavery, etc., prohibited.

SECTION II. There shall be neither slavery nor involuntary servitude in this State, otherwise than for punishment of crime, whereof the party shall have been duly convicted.

COMPILED STATUTES OF 1881-SEVENTH EDITION, 1895.

PART I.

CHAPTER 6.-Wages preferred-In assignments.

SECTION 585. Nothing in this act contained shall be construed so as to prevent any debtors from paying or securing to be paid any debt not exceeding the sum of one hundred dollars, for clerks' or servants' wages, or from paying or securing any debt which shall [have] been created within nine months prior to the date of such payment, or securing or to effect any mortgage or security made in good faith to secure any debt or liability created simultaneously with such mortgage or security, provided any such mortgage shall be filed for record in the proper office within thirty days from its date.

CHAPTER 12a.-Cities of the metropolitan class-Board of public works-Wages of

employees.

SEC. 838. There shall be in each city of the metropolitan class a board of public works, which shall consist of three members, residents of such city to be appointed by the mayor by and with the consent of the council on the first Tuesday in July, 1887, for the term of one, two, and three years, respectively from said first Tuesday in July, 1887, and annually thereafter there shall be appointed as herein before provided one member whose term of office shall be three years *

**

*

The said board of public works shall regulate and fix the compensation of all inspectors and wages of employees that are under the supervision of said board or said commissioners, which wages shall not be less nor more than current wages for that class of daily labor.

*

* *

CHAPTER 12a.-Cities of the metropolitan class-Inspection of boilers and

buildings.

SEC. 840. In each city of the metropolitan class there shall be a board for the inspection of buildings, which shall have charge of the enforcing of all ordinances pertaining to party walls, or the erection, construction, alteration, repair, or removal of buildings, and the arrangement of heating appliances. A majority of the members of such board shall constitute a quorum. The chief officer of such board shall be called the "inspector of buildings," and shall be the executive officer of such board. He shall be appointed by the mayor at the same time and in the same manner as other appointive officers of the city, and shall give bond with two or more sureties in the sum of five thousand dollars ($5,000) for the faithful discharge of his duties, to be approved by the city council and filed with the comptroller. He shall issue permits only upon the receipt of the city treasurer showing that the required fee therefor has been paid into the city treasury. He shall report to the city council on the first day of each month and transmit therewith all receipts filed for permits issued. It shall be unlawful to issue any permits for any purpose whatever until the fee therefor has been paid to the city treasurer, and his receipt filed with the inspector of buildings. The inspector of buildings shall be an experienced builder and mechanic and competent to perform all the duties of the office to which he is appointed, and shall not during his term of office be employed in any other vocation or business. The city engineer and the chief of the fire department, or such other officers or persons as may be designated by ordinance, shall be the other members of the board for the inspection of buildings. The board for the inspection of buildings and the inspector of buildings shall have and exercise such other powers and duties as may be prescribed by ordinance or concurrent resolution. All charges for permits shall be fixed by ordinance.

SEC. 849. In all cities of the metropolitan class there shall be a boiler inspector, who shall be appointed by the mayor with the approval of the city council. The boiler inspector shall be a practical, mechanical steam engineer, or expert boiler maker and shall have had for the two years next preceding his appointment a certificate or license as such, of the highest grade, which shall have been issued to him by the United States or other recognized authority authorized to grant such certificate or license. The boiler inspector shall perform such duties and have such powers concerning the inspection of steam boilers, and other steam generators, within the city as may be prescribed by ordinance. He shall be authorized to charge such fees as shall be prescribed by ordinance, which fees shall be paid to the city treasurer before he issues his certificate of inspection.

CHAPTER 13a, ARTICLE I.-Cities of the first class, between 25,000 and 100,000 inhabitants-Convict labor.

SEC. 1099. Whenever the defendant is sentenced to imprisonment for the violation of a city ordinance, he shall be put to work for the benefit of the city, under the direction of the marshal, for the term of his imprisonment, and when committed for the nonpayment of a fine or costs for the violation of any ordinance, he shall also be put to work for the benefit of the city, and shall be credited on such fine and costs one dollar and fifty cents ($1.50) per day for each day he shall work.

CHAPTER 13a, ARTICLE II.-Cities of the first class, over 10,000 and less than 25,000 inhabitants-Convict labor.

SEC. 1281.-Whenever the defendant is sentenced to imprisonment for the violation of a city ordinance. he shall be put to work for the benefit of the city, under

the direction of the mayor, for the term of his imprisonment, and when committed for the nonpayment of a fine or costs for the violation of any ordinance, he shall also be put to work for the benefit of the city, and shall be credited on such fine and costs $1.50 (one dollar and fifty cents) per day for each day he shall work.

CHAPTER 14, ARTICLE I.-Cities of the second class and villages, less than 5,000 inhabitants-Convict labor.

SEC. 1315. Whenever the defendant is sentenced to imprisonment for the violation of a city ordinance, he shall be put to work for the benefit of the city, under direction of the mayor, for the term of his imprisonment; and when committed for the nonpayment of a fine or costs, for the violation of any ordinance, he shall also be put to work for the benefit of the city, and shall be credited on such fine and costs $1.50 per day for each day he shall work.

CHAPTER 14, ARTICLE II.—Cities of the second class, over 5,000 inhabitants— Convict labor.

SEC. 1671. Whenever the defendant is sentenced to imprisonment for the violation of a city ordinance, he shall be put to work for the benefit of the city, under the direction of the mayor, for the term of his imprisonment, and when committed for the nonpayment of a fine or costs for the violation of any ordinance, he shall also be put to work for the benefit of the city, and shall be credited on such fine and costs $1.50 per day for each day he shall work.

CHAPTER 16.—Safety couplers and brakes on engines and cars.

SEC. 1794. On and after the first day of January, 1898, it shall be unlawful for any corporation, company or person operating any line of railroad in this State, any car manufacturer or transportation company using or leasing cars to put in use in this State any car or cars that are not equipped with safety or automatic couplers or draw-bars such as shall not necessitate the going between the ends of such cars to couple or uncouple them.

SEC. 1795. After January 1st, 1898, it shall be unlawful for any corporation, company or persons operating a railroad, or any transportation company using or leasing cars of any description, and used in the commerce of the country or in the construction of railroads, to have upon any railroad in Nebraska, for use in the transportation of freight or passengers, any car that is not equipped with such safety automatic couplers as provided for in said section 1 [1794].

SEC. 1796. It shall be unlawful for any corporation, company or person operating any line of railroad in this State, to use any locomotive engine upon any railroad or in any railroad yard in this State, after the first day of January, 1898, that is not equipped with a proper and efficient power brake, commonly called a "drive brake."

SEC. 1797. It shall be unlawful for any corporation, company or person, operatting a line of railroad in this State, to run any train of cars after the first of January, 1898, that shall not have in that train a sufficient number of cars with some kind of efficient automatic or power brakes, so that the engineer upon the locomotive can control the train without requiring brakemen to go between the ends or on top of the cars to use, as now, the common hand brakes.

SEC. 1798. Every railroad corporation, company or person operating a railroad in this State, and every person, corporation or company using or leasing cars in the transportation business, or in building railroads, shall, and are by this act required to include in their annual report to the state railroad commissioners the number of locomotive engines and cars used in this State, and what number is equipped with automatic power brakes and what number of cars equipped with automatic safety couplers and the kind of brakes and couplers used and the number of each kind when more than one kind is used.

SEC. 1799. Any corporation, company or person operating a railroad in this State, and using a locomotive engine, or running a train of cars, or using any freight, or way, car contrary to the provisions of this act, shall be deemed guilty of a misdemeanor, and shall be subject to a fine of not less than five hundred dollars ($500.00) or not more than one thousand dollars ($1000.00), for each and every offense for the benefit of the school fund; Provided, That penalties and liabilities on this section shall not apply to companies in receiving and hauling cars delivered for transportation by railroads other than those of this State which are engaged in interstate traffic. And any railroad employee who may be injured by