such a report, and an employee is thereby damaged, such employee has a right of action. While the corporation which entered into the agreement above described had a right to do so, they owed a duty to their employees not to abuse that right. When one of them falsely reported an employee, to his injury, such employee may recover for the tort. The combination of the employers was a powerful machine for the accomplishment of lawful results, but it was capable of misuse to the injury of innocent employees. When a company so misused it such company must take the consequences. 4. Our difficulty has arisen, not in coming to the above conclusions, but in applying them to the facts of the present case so as to determine whether the trial judge erred in granting a nonsuit. It was contended by counsel for the plaintiff in error that the rule as to six days' notice did not apply to the facts of this case, and that, instead of "leaving" his employer, plaintiff was discharged by defendant; that he had made a contract to do certain work on a certain kind of loom at a stipulated price, expressly excepting from the agreement work on the combined fooms, which he stated he would not do for the price paid for the work contracted for. Without his consent, an officer of the defendant ordered him to work on the combined looms without any addition to his wages. This, he claims, was a change in his contract, to which he refused to accede, and he was then told he could quit. In consequence of this declaration by the defendant's officers, he gathered up his tools, etc., and left. The other companies were then notified by defendant that plaintiff had left its employment without cause, and in violation of the rule as to giving notice. On the other hand, the defendant claims that the evidence shows that the plaintiff left its services voluntarily, and refused to work out the required notice, and that the defendant was, therefore, justified in reporting him to the other companies as having violated the rule. This, we think, was a question of fact which should have been submitted to the jury. There was enough evidence to require that the case be submitted to a jury. If the jury had found in favor of the plaintiff on this issue he would have been entitled to recover some damages. When one promulgates an ambiguous or doubtful rule, it must be construed strictly against him. This rule of construction must be borne in mind in ascertaining whether the regulation as to notice applied to such a case as was made by the termination of the plaintiff's employment. If the employer who promulgated the regulation made a mistake in its construction, and applied it to a state of facts which did not come within it, the employee injured by such mistake has a right to recover. The employer can not arbitrarily place an employee upon the blacklist as having violated the regulation, when in point of fact the employee's conduct did not come within the terms of such regulation, and he, therefore, had not violated it. On the other hand, if the plaintiff left the service of the defendant voluntarily, without cause, and without giving the required notice, or if he had contracted to do all such work in his line as the company might reasonably require of him, without excepting work upon the combined looms, and then refused to work upon these looms for the agreed price per day, and left because defendant would not give him more, then the defendant had a right to report him as having left without cause and without working out the required notice. It was also contended by the plaintiff that this report to the other companies prevented his obtaining other employment, and compelled him, in order to obtain work, to remove to another city; that he thus lost time and was put to actual expense by reason of his having been reported by the defendant. The defendant claimed that the agreement between it and the other companies was voluntary, and not legally binding on any of them, and that any one of the other companies could have employed plaintiff had it seen proper to do so, and that in truth the notice sent out to the other companies was not the real cause of the plaintiff's failure to get work. Under the evidence. this was also a question for the jury, and not for determination by the court. We therefore think that the court erred in granting a nonsuit. 12425 No. 56—05—21 LAWS OF VARIOUS STATES RELATING TO LABOR ENACTED SINCE JANUARY 1, 1896. [The Second Special Report of this Bureau contains all laws of the various States and Territories and of the United States relating to labor in force January 1, 1896. Later enactments are reproduced in successive issues of the Bulletin from time to time as published.] NEBRASKA. ACTS OF 1903. CHAPTER 17.-Employment of labor on public works-Cities of the first class. SECTION 123. In all cities governed by this act [cities having less than forty thousand and more than twenty-five thousand inhabitants], where work is performed upon the streets, sewers, boulevards or in parks, etc., or by virtue of any contract with any person, company, or companies, or corporations, for such city, shall be done by union labor and be paid for at the rate of two dollars ($2) per day: Provided, That when skilled labor is employed by the city, said labor shall be paid the current scale of union wages: Provided, That eight hours shall constitute a day's labor. Approved April 6, 1903. NEVADA. ACTS OF 1903. CHAPTER 10.-Hours of labor in mines and smelters. SECTION 1. The period of employment of workingmen in all underground mines or workings shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger. SEC. 2. The period of employment of workingmen in smelters and in all other institutions for the reduction or refining of ores or metals shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger. SEC. 3. Any person who violates either of the preceding sections of this act or any person, corporation, employer or his or its agent, who hires, contracts with, or causes any person to work in an underground mine or other underground workings, or in a smelter or any other institution or place for the reduction or refining of ores or metals for a period of time longer than eight (8) hours during one day unless life and property shall be in imminent danger shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred ($100) dollars, nor more than five hundred ($500) dollars, or imprisonment in the county jail not more than six months, or by both such fine and imprisonment. Approved February 23, 1903. CHAPTER 13.-Inspection of factories-Safety appliances. SECTION 1. It shall be unlawful for any person, company or corporation, after the first day of July, nineteen hundred and three, to construct or place any shaft or shafting with collars, sleeves or pulleys over two feet in diameter attached or secured to such shaft by set screws projecting above the hub of such collars, sleeves or pulleys. In all such cases where set screws are used, the heads thereof shall be countersunk below the surface of the hub of the collar, sleeve or pulley in which they are placed. SEC. 2. Any person or corporation who shall, after the first day of July, 1903, fail or refuse to comply with the requirements of this act, when constructing or changing any machinery, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred nor more than five hundred dollars. SEC. 3. Nothing contained in this act, shall be so construed as to prevent recovery in a suit for damages, for injuries sustained by the party so injured or his heirs or administrators. Approved February 26, 1903. CHAPTER 37.-Hours of labor on public works. SECTION 1. On public works, all works or undertakings carried on or aided by the State, county or municipal governments, eight hours shall constitute a day's labor. SEC. 2. Any violation of the provisions of this act shall cause a forfeiture to the contractor or contractors of any contract on such public, State, county or municipal government work and a further penalty of a fine of fifty ($50) dollars for each and every man so employed: Provided, Nothing in this act shall be so construed as to prevent the preservation or protection of public property in case of emergency. Approved March 9, 1903. CHAPTER 84.-Forced contributions from employees-Hospital fees. SECTION 1. It is hereby made unlawful for any person or persons, contractor or contractors, firm, company, corporation, or association, or the managing agent of any person or persons, contractor or contractors, firm, company, corporation, or association to collect, demand, force, compel, or require, either monthly, annually, or for any other period of time, any sum of money for hospital fees from any person or laborer at any place in this State, where no convenient, comfortable, and wellequipped hospital is maintained at some town or place for the accommodation, relief and treatment of persons in his or their employ, and from whom hospital fees are collected: Provided, That any person or persons, contractor or contractors, firm, company, corporation, or association, or the managing agent of same, may care for or cause to be cared for, any person in his or their employ, from whom hospital fees are collected, at any private or public hospital, sanitarium, or other convenient and comfortable place, without expense to the person or patient from whom hospital fees are collected: And provided further, The distance and facilities for the comfort and conveyance of any patient come within the intent and meaning of section two of this act. SEC. 2. For the purposes of this act, the words "town or place," mentioned in section one of this act, shall be construed to mean any town, headquarters, or place, at which town, headquarters, or place, and tributary places, sufficient hospital fees are collected to maintain a hospital in keeping with the hospital fees collected, and the words "distance and facilities for the comfort and conveyance of any patient," mentioned in section one of this act, shall be construed to mean the nearest hospital, and most comfortable means of conveyance at hand, or that can be procured in a reasonable time: Provided, That if at the nearest hospital the proper medical treatment cannot be secured, then it shall not be a misdemeanor to take any person or patient a greater distance or to another hospital. SEC. 3. Any person or persons violating the provisions of this act shall, upon conviction thereof, be fined in any sum not less than two hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period of not less than one hundred days nor more than two hundred and fifty days, or by both such fine and imprisonment. Approved March 14, 1903. CHAPTER 88.-Wages a preferred claim-In insolvency, etc., of corporations. SECTION 86. Whenever any corporation formed under the provisions of this [general corporation] act and prior acts shall become insolvent or be dissolved in any way, or for any cause, the employees doing labor or service of whatever character in the regular employ of such corporation, shall have a lien upon the assets thereof for the amount of wages due to them, not exceeding two months' wages respectively, which shall be paid prior to any other debt or debts of said corporation; but the word "employees' shall not be construed to include any of the officers of such corporation. Approved March 16, 1903. CHAPTER 106.-Protection of employees as voters. SECTION 2. Any remuneration or reward or promise of remuneration or reward, whether it be in the form of a money gift or payment, release of debt, payment of board, lodging or transportation, the furnishing of food or clothing, the promise or giving of employment, the increasing or maintaining of wages, * either for * * * * the voter or any other person, * * either before or after the election, for the purpose and with the object of inducing a voter or voters, * to vote for or against any candidate or measure, or to refrain from voting for or against the same, shall be deemed and considered bribery. SEC. 7. Any person who attempts to influence the vote of his employee by directly or indirectly threatening such employee with loss of employment or by intimating that such employee will lose his employment if he votes or fails to vote for a certain candidate or candidates, measure or measures, or that the success of a certain party or candidate will jeopardize his employment, shall be deemed guilty of intimidation, and upon conviction he shall be punished as herein prescribed for the crime of bribery. Approved March 16, 1903. CHAPTER 111.-Protection of employees as members of labor organizations. SECTION 1. It shall be unlawful for any person, firm or corporation to make or enter into any agreement, either oral or in writing, by the terms of which any employee of such person, firm or corporation, or any person about to enter the employ of such person, firm or corporation, as a condition for continuing or obtaining such employinent, shall promise or agree not to become or continue a member of a labor organization, or shall promise or agree to become or continue a member of a labor organization. SEC. 2. Any person or persons, firm or firms, corporation or corporations, violating the provisions of section 1 of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than fifty or more than three hundred dollars, or be imprisoned in the county jail for a period of not less than twenty-five days or more than five months, or by both such fine and imprisonment. Approved March 17, 1903. CHAPTER 124.-Coercion of employees in trading, etc. SECTION 1. Any person or persons, employer, company, corporation or association, or the managing agent of any person or persons, employer, company, corporation or association, doing or conducting business in this State, who by coercion, intimidation, threats or undue influence, compels or induces his or her employees to trade at any particular store, or board at any particular boarding house, in this State, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in any court of competent jurisdiction, shall be fined in any sum not less than fifty (50) dollars nor more than two hundred (200) dollars, or by imprisonment in the county jail for a period of not less than thirty (30) days, nor more than one hundred (100) days, or by both such fine and imprisonment. |