3S5-
 
 UNIVERStTY OF ILLIN08-URBANA 
 
 3 0112 071299868
 
 INTERSTATE COMMERCE COMMISSION 
 
 HOURS OF SERVICE OF 
 RAILWAY EMPLOYEES 
 
 STATE STATUTES AND 
 RELATED COURT DECISIONS 
 
 FEBRUARY, 1909 
 
 WASHINGTON 
 
 GOVERNMENT PRINTING OFFICE 
 1909

 
 CONTENTS. 
 
 
 Pace. 
 
 State statutes : 
 
 Arizona 5 
 
 Arkansas 5 
 
 Colorado 7 
 
 Connecticut 7 
 
 District of Columbia 8 
 
 Florida 10 
 
 Georgia 10 
 
 Indiana 11 
 
 Iowa 12 
 
 Kansas 13 
 
 Maryland 14 
 
 Michigan 15 
 
 Minnesota 16 
 
 Missouri 16 
 
 Montana ._ 17 
 
 Nebraska 18 
 
 Nevada 19 
 
 New York 20 
 
 North Carolina 21 
 
 North Dakota 22 
 
 Ohio 23 
 
 Oregon 24 
 
 Rhode Island (applies to street railways) 24 
 
 South Dakota 25 
 
 Texas 26 
 
 Washington 28 
 
 West Virginia 28 
 
 Wisconsin 29 
 
 Decisions of courts relating to hours of aervice of railway employees: 
 
 Arkansas 33 
 
 Missouri 33 
 
 Montana 34 
 
 Wisconsin 35 
 
 Regulations in the several States, table 36 
 
 Provisions of emergency claose in stat^ regulations, table 38 
 
 3 
 
 ^^n ^'^b
 
 >0 Ol -v-v-\
 
 STATUTES OF THE SEVERAL STATES RELATING TO 
 HOURS OF SERVICE OFRAILAVAY EMPLOYEES. 
 
 ARIZONA. 
 
 [Arizona Laws 11)03, p. 53.] 
 
 Act No. 34. — Section 1. No company operating a railroad in 
 whole or in part within the Territory of Arizona shall require any 
 conductor, engineer, fireman, brakeman, telegraph operator, or any 
 employee who has worked in his respective capacity for sixteen con- 
 secutive hours, except in case of casualty or actual necessity, to again 
 go on duty, or perform any work until he has at least nine hours' 
 rest. 
 
 Sec. 2. Any company which violates or permits to be violated any 
 of the provisions of the preceding section, or any officer or agent of 
 such company who violates or permits to be violated an}' of the 
 provisions of the preceding section shall be punished by a fine of not 
 less than $50 nor more than $300 for each and every violation thereof. 
 
 ARKANSAS. 
 
 [Acts of Arkansas, 1907, p. 656, act 282.1 
 
 Section 1. That it shall be unlawful for any person, corporation, 
 association, their agents or officials operating a railroad within this 
 State to permit any telegraph or telephone operator who is engaged in 
 the handling of trains by the use of the telegraph or telephone, report- 
 ing trains to each other and to the train dispatcher registering the 
 same, and operating one or more train-order signals, telegraph or 
 telephone levermen who manipulate lever machines in railroad yards, 
 or on the main tracks out of the line, connecting sidetracks or switches 
 or train dispatchers in its service whose duties pertain to the move- 
 ment of cars, engines, or trains on its railroad by the use of the 
 telegraph or telephone in dispatching or reporting trains, or receiving 
 or transmitting train orders or messages directing the movement of 
 trains as interpreted in this section, to be on duty for more than eight 
 hours in any twenty-four consecutive hours. 
 
 5
 
 6 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 
 
 Sec. 2. And be it enacted that any person, corporation, associa- 
 tion, their agents or officials that shall violate section 1 of this act 
 shall pay a fine of $500 for each violation of this act. 
 
 Sec. 3. And be it enacted that the fine mentioned in section 2 of 
 this Act shall be recovered by an action in the name of the State of 
 Arkansas for the use of the State, who shall sue for it against such 
 person, corporation, association, agent or official violating this act, 
 said suit to be instituted in any court in this State having appropri- 
 ate jurisdiction. 
 
 Sec. 4. And be it enacted that the said fine, when recovered, shall 
 be paid without any deduction whatever to the State of Arkansas, 
 for whose use the suit was instituted. 
 
 Sec. 5. That all law^s and parts of laws in conflict herewith be, 
 and the same are hereby, repealed ; and this act shall take effect and 
 be in force thirty (days) after its passage. 
 
 Approved May 8, 1907. 
 
 [Digest of statutes, 1904, p. 13S1.] 
 
 Sec. 6G52. Any person or company ow^ning or operating a railroad 
 over 30 miles in length, in whole or in part within this State, shall not 
 permit or require any conductor, engineer, fireman, brakeman, or any 
 trainman on any train, or any telegraph operator w^ho has worked 
 in his respective capacity for sixteen consecutive hours, to again be 
 required to go on duty or perform any work until he has had at 
 least eight hours' rest, except in cases of wrecks or washout: Pro- 
 vided, That at the expiration of the said sixteen hours' continuous 
 service, the engineer and trainmen on any train, being at a distance 
 not exceeding 25 miles from any division terminal or destination 
 point, shall be permitted, if they so elect, to run said train into said 
 division terminal or destination point; it being further provided 
 that the additional service permitted under this section shall not be 
 so construed as to relieve any railway corporation from liabilities 
 incurred under section 6654: And provided further, That the pro- 
 vision of this act shall not apply to passenger trains. 
 
 Sec. 6653. Any railroad company or corporation knowingly vio- 
 lating any of the provisions of this act shall be liable to a penalty 
 of not less than $100 nor more than $200 for the first offense; for 
 any subsequent offense, of not less than $200 nor more than $300, 
 which shall be recovered in a civil action in the name of the State. 
 
 Sec. 6654. In addition to the penalty prescribed herein, any corpo- 
 ration violating the provisions of this act shall not be permitted to 
 interpose the defense of contributory negligence in the event of action 
 being brought to recover for damages resulting from any accident 
 which shall occur and by which injury shall be inflicted on any 
 employee who may be detained in service more than said sixteen
 
 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 7 
 
 hours, notwithstanding negligence of said injured employee may 
 have caused his own injuiy or death; nor shall said defense of con- 
 tributory negligence be interposed if the said injury result in the 
 death of said employee and the action is brought for the Ix^nefit of 
 his next of kin. 
 Approved April 14, 1903. 
 
 COLORADO. 
 
 [Colorado Annotate<l Statutes, vol. 3, 1891-3905, p. 1007.] 
 
 3751a. Hours of employment of trainmen. That no company oper- 
 ating a railroad, in whole or in part, within this State, shall permit 
 or require anj' conductor, engineer, fireman, brakeman, telegraph 
 operator, or any trainman who has worked in his respective capacity 
 for eighteen consecutive hours, except in case of casualty, to again go 
 on duty or perform any work until he has had at least eight hours' 
 rest. (L. 1891, p. 284, sec. 1.) 
 
 3751b. Violation — penalty. Any company which violates or per- 
 mits to be violated any of the provisions of the preceding section, or 
 any officer, agent, or employee who violates or permits to be violated 
 any of the provisions of the preceding section, shall be fined not less 
 than $100, nor more than $300, for each and every violation of this 
 act. (L. 1891, p. 284, sec. 2.) 
 
 CONNECTICUT. 
 
 rPiiblic Acts, January session, 1907, p. 851, 852, ch. 242.] 
 
 Section 1. It shall be unlawful for any person, persons, corpora- 
 tion, or receiver operating a line of railroad wholly or partly within 
 this State, or any officer, agent, or representative of such corporation 
 or receiver, to require or permit any telegraph or telephone operator, 
 who spaces trains by the use of the telegraph or telephone, under what 
 is known and termed the " block system," defined as follows: Report- 
 ing trains to another office or officers, or to a train dispatcher oper- 
 ating one or more trains under signals, and telegraph or telephone 
 lever men, who manipulate interlocking machines in railroad yards 
 or on main tracks out on the lines connecting side tracks or switches, 
 or train dispatchers in its service, whose duties substantially, as here- 
 inbefore set forth, pertain to the movement of cars, engines, or trains 
 on its railroad by the use of the telegraph or telephone in dispatching 
 or reporting trains or receiving or transmitting train orders, as inter- 
 preted in this section, to be on duty for more than eight hours in a 
 day of twenty-four hours ; and it is hereby declared that eight hours 
 shall constitute a day of employment for all laborers or employees
 
 8 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 
 
 engaged in the kind of labor aforesaid: Provided, That at stations 
 that are kept open only during the daytime, where only one telegraph 
 or telephone operator is employed, such operator may work twelve 
 hours in a day of twenty-four hours ; and that the hours of service of 
 telegraph or telephone operators, as interpreted in this section, shall 
 be consecutive, including one meal hour: And provided, further, That 
 in case of sickness, death, wrecks, or washouts, telegraph or telephone 
 operators may be held on duty not to exceed sixteen hours in a day 
 of twenty- four hours. 
 
 Sec. 2. Any person or persons, company, or corporation, who shall 
 violate any of the provisions of the preceding section shall, on con- 
 viction, be fined not more than $1,000. 
 
 Sec. 3. This act shall take effect January 1, 1908. 
 
 Approved July 27, 1907. 
 
 DISTRICT OF COLUMBIA. 
 
 [Public, No. 274.] 
 
 Be it enacted hy the Senate and House of Representatives of the 
 United States of America in Congress assembled. That the provisions 
 of this act shall apply to any common carrier, or carriers, their 
 officers, agents, and employees, engaged in the transportation of pas- 
 sengers or property by railroad in the District of Columbia or any 
 Territory of the United States or from one State or Territory of the 
 United States or the District of Columbia to any other State or 
 Territory of the United States or the District of Columbia, or from 
 any place in the United States to an adjacent foreign country or 
 from any place in the United States through a foreign country to 
 any other place in the United States. The term " railroad " as used 
 in this act shall include all bridges and ferries used or operated in 
 connection with any railroad, and also all the road in use by any 
 common carrier operating a railroad, whether owned or operated 
 under a contract, agreement, or lease; and the term "employees" as 
 used in this act shall be held to mean persons actually engaged in or 
 connected with the movement of any train. 
 
 Sec. 2. That it shall be unlawful for any common carrier, its offi- 
 cers, or agents, subject to this act to require or permit any employee 
 subject to this act to be or remain on duty for a longer period than 
 sixteen consecutive hours, and whenever any such employee of such 
 common carrier shall have been continuously on duty for sixteen 
 hours he shall be relieved and not required or permitted again to go 
 on duty until he has had at least ten consecutive hours off duty ; and 
 no such employee who has been on duty sixteen hours in the aggregate 
 in any twenty-four-hour period shall be required or permitted to con-
 
 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 9 
 
 tinue or again go on duty without having had at least eight consecu- 
 tive hours otf duty: Prorided, That no operator, train dispatcher, or 
 other employee, who by the use of the telegraph or telephone dis- 
 patches, reports, transmits, receives, or delivers orders pertaining to 
 or affecting train movements shall be required or permitted to be or 
 remain on duty for a longer period than nine hours in any twenty- 
 four-hour period in all towers, offices, places, juid stations continuously 
 operated night and day, nor for a longer period than tliirteen hours in 
 all towers, offices, places, and stations operated only during the day- 
 time, except in case of emergency, when the employees named in 
 this proviso may be permitted to be and remain on duty for four 
 additional hours in a twenty-four-hour period or not exceeding three 
 days in any week: Provided further, The Interstate Commerce Com- 
 mission may after full hearing in a particular case and for good 
 cause shown extend the period within which a common carrier shall 
 comply with the provisions of this proviso as to such case. 
 
 Sec. 3. That any such common carrier, or any officer or agent 
 thereof, requiring or permitting any employee to go, be, or remain 
 on duty in violation of the second section hereof, shall be liable to a 
 penalty of not to exceed $500 for each and every violation, to be recov- 
 ered in a suit or suits to be brought by the United States district 
 attorney in the district court of the United States having jurisdiction 
 in the locality where such violation shall have been committed; and 
 it shall be the duty of such district attorney to bring such suits upon 
 satisfactory information being lodged with him; but no such suit 
 shall be brought after the expiration of one year from the date of such 
 violation; and it shall also be the duty of the Interstate Commerce 
 Commission to lodge with the proper district attorneys information 
 of any such violation as may come to its knowledge. In all prosecu- 
 tions under this act the common carrier shall be deemed to have had 
 knowledge of all acts of all its officers and agents : Provided, That the 
 provisions of this act shall not apply in any case of casualty or un- 
 avoidable accident or the act of God; nor where the delay was the 
 result of a cause not known to the carrier or its officer or agent in 
 charge of such employee at the time said employee left a terminal, 
 and which could not have been foreseen: Provided further, That the 
 provisions of the act shall not apply to the crews of wrecking or relief 
 trains. 
 
 Sec. 4. It shall be the duty of the Interstate Commerce Commission 
 to execute and enforce the provisions of this act. and all powers 
 granted to the Interstate Commerce Commission are hereby extended 
 to it in the execution of this act. 
 
 Sec. 5. That this act shall take effect and be in force one year after 
 its passage. 
 
 Approved March 4, 1907. 
 70789—09 2
 
 10 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 
 
 FLORIDA. 
 
 [I^ws of Florida, 1891-1893, p. 135, ch. 4199 (No. 85). General Statutes 1906, 
 
 p. 1112, sec. 2843.] 
 
 Section 1. That from and after the passage of this act it shall be 
 unlawful for any railroad doing business in this State to require or 
 permit its employees, who are engaged in the business of operating 
 its trains over its roads, to make runs of over thirteen hours, or make 
 runs aggregating more than thirteen hours in any twenty-four hours, 
 except when such train is detained by reason of casualty or other 
 cause from reaching its destination on schedule time, and no conduc- 
 tors and engineers, after having been on a run or runs for as much as 
 thirteen hours out of every twenty-four hours shall be required to 
 again go on duty until after eight hours' rest, except in the case above 
 stated. No employee of any railroad company shall be deprived of 
 his right to recover damages for personal injury by reason of the fact 
 that he, at the time of such injury, was making a run of more than 
 thirteen hours or making a run aggregating more than thirteen hours 
 in twenty-four hours, or had gone on duty after a thirteen hours' run, 
 or runs aggregating thirteen hours before eight hours' rest. 
 
 Sec. 2. That any railroad violating any of the provisions of section 
 1 of this act shall be subject to a forfeiture of not less than $50 nor 
 more than $500; all forfeitures collected under the provisions of this 
 act shall be paid into the state treasury to the credit of the school 
 fund. 
 
 Sec. 3. That suits for the collection of forfeitures under the pro- 
 vision of this act shall be brought in the county in which the principal 
 office of the railroad employing trainmen offending is situated, or if 
 such company shall have no principal office in this State, then such 
 suit may be brought in any county in which such company has a track 
 and an agent. 
 
 Sec. 4. That all laws and parts of laws in conflict with this act be, 
 and the same are hereby, repealed. 
 
 Approved May 22, 1893. 
 
 GEORGIA. 
 
 [Code of 1895.] 
 
 Sec. 2240. No railroad doing business in this State shall require 
 or permit its employees who are engaged in the business of operating 
 its trains over its roads to make runs of over thirteen hours, or make 
 runs aggregating more than thirteen hours in any twenty-four hours, 
 except when such train is detained by reason of casualty, or other
 
 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 11 
 
 cause, from reaching its destination on schedule time, and no train man, 
 after having been on a run or runs for as much as thirteen hours out 
 of the twenty-four hours, shall be required to again go on duty until 
 after ten hours' rest, except in the case above stated. No employee 
 of any railroad company shall be deprived of his right to recover 
 damages for personal injury by reason of the fact that he, at the time 
 of such injury, was making a run of more than thirteen hours, or 
 making a run aggregating more than thirteen hours in twenty-four 
 hours, or had gone on duty after a thirteen-hours' run, or runs aggre- 
 gating thirteen hours, before ten hours' rest. 
 
 Sec. 2241. Any railroad violating any of the provisions of the pre- 
 ceding section shall be subject to a forfeiture of not less than $50 nor 
 more than $500; all forfeitures collected shall be paid into the State 
 Treasury to the credit of the school fund. 
 
 Sec. 2242. Suits for the collection of forfeitures, under the pro- 
 visions of the preceding sections, shall be brought in the county in 
 which the principal office of the railroad employing the trainmen 
 offending is situated; or if such company shall have no principal 
 office in this State, then such suit may be brought in any county in 
 which such company has a track and an agent. 
 
 INDIANA. 
 
 [Acts of 1907, p. 215, ch. 131, Burns's Annotated Statutes, 1908, vol. 2, p. 676.] 
 
 Section 1. Be it enacted hy the general assemhly of the State of 
 Indiana^ That it shall be unlawful for any superintendent, train dis- 
 patcher, yardmaster, foreman, or other railway official, to permit, 
 exact, demand or require any engineer, fireman, conductor, brake- 
 man, switchman, telegraph operator, or other emplo3'ee engaged in 
 the movement of passenger or freight trains, or in switching service, 
 in yards or railway stations, to remain on duty more than sixteen 
 consecutive hours except when by casualty occurring after such em- 
 ployee has started on his trip, or by unknown casualty occurring 
 before he started on his trip, he is prevented from reaching his ter- 
 minal, or to require or permit any such employee who has been on duty 
 sixteen consecutive hours to go on duty without having had at least 
 eight hours off duty, or to require or permit any such employee who 
 has been on duty sixteen hours in the aggregate in any twenty-fotir- 
 hour period, to continue on duty or go on duty without having had 
 at least eight hours off duty within such twenty-four-hour period. 
 
 Sec. 2. For any violation of or failure to comply with any of the 
 provisions of this act, such company shall be liable to all persons and 
 employees injured by reason thereof, and no employee shall in any
 
 12 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 
 
 case be held to have assumed the risk incurred by reason of such vio- 
 lation or failure. 
 
 Sec. 3. Any superintendent, train dispatcher, train master, fore- 
 man, or other official of any railway in the State of Indiana violat- 
 ing any of the provisions of this act is hereby declared to be guilty 
 of a misdemeanor, and upon conviction thereof shall be punished bj' 
 a fine of not less than $100 nor more than $500, and it shall be the 
 duty of the railroad commission to fully investigate all cases of the 
 violation of this act and to lodge with the attorney-general informa- 
 tion of such violation as may come to its knowledge. 
 
 Sec. 4. The provisions of this act shall not apply to relief or wreck 
 trains while clearing obstructions to the main line of any railroad. 
 
 Sec. 5. All laws and parts of laws in conflict with the provisions 
 of this act are hereby repealed. 
 
 Approved March 8, 1907. 
 
 IOWA. 
 
 [Laws of Iowa, 32 C. A., 1907, p. 106, ch. 103.] 
 
 Section 1. It shall be unlawful for any railway company within 
 the State of Iowa, or any of its officers or agents, to require or permit 
 any employee engaged in or connected Avith the movement of any roll- 
 ing stock, engine, or train to remain on duty more than sixteen con- 
 secutive hours, or to require or permit any such employee who has 
 been on duty sixteen consecutive hours to perform any further serv- 
 ice without having had at least ten hours for rest, or to require or per- 
 mit any such employee to be on duty at any time to exceed sixteen 
 hours in any consecutive twenty-four hours: Provided, liowever^ 
 That this section shall not apply to work performed in the protec- 
 tion of life or property in cases of accident, wreck, or other unavoid- 
 able casualty, or prevent train crews from taking a passenger train 
 or freight train loaded exclusively with live stock or perishable 
 freight to the next nearest division point upon such railroad: And 
 'provided further, That it shall not apply to that time necessary for 
 the train men to reach a resting place when an accident, wreck, wash- 
 out, snow blockade, or other unavoidable cause has delayed their 
 train: And provided further, That this section shall not apply to 
 employees of sleeping-car companies. 
 
 Sec. 2. Any superintendent, train master, train dispatcher, yard- 
 master, or other official of any railroad in the State of Iowa violating 
 any of the provisions of this act shall be deemed guilty of a misde- 
 meanor, and upon conviction shall be punished by a fine of not less 
 than $100 and not more than $500 for each offense. It shall be the 
 duty of the board of railroad commissioners to receive written state-
 
 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 13 
 
 inents of violations of this act, and when so requested to hold the 
 same without disclosure of the name of the i)erson nuikin^ such state- 
 ment, and to investi<rate each and every complaint filed allegin<^ such 
 violation. The board in makin«i: such investigation shall have the 
 power to administer oaths, interrogate witnesses, take testimony, and 
 require the production of books and papers, and must file a report 
 of such investigation in writing, with a full statement of its finding, 
 to the governor. In all cases of violation of this act, the board of 
 railroad commissioners, through the attorney-general, must at once 
 begin the prosecution of all parties against whom evidence of viola- 
 tion is found ; but this act shall not be construed to prevent any other 
 person from beginning prosecution for violation hereof. 
 Approved April 2, 1907. 
 
 KANSAS. 
 
 [Laws of 1907, p. 453, ch. 280.] 
 
 Sectiox 1. That section 1 of chapter 342 of the session laws of 
 1905 be amended to read as follows : Section 1. It shall be unlawful 
 for any corporation or receiver operating a line of railroads (rail- 
 road) in whole or in part in the State of Kansas for any officer, agent, 
 or representative of such corporation or receiver, to require or permit 
 any conductor, engineer, fireman, brakeman. train dispatcher, tele- 
 graph operator, or any train man who has worked in his respective 
 capacity for sixteen consecutive hours, to continue on duty or perform 
 any work for such railroad until he has had at least eight hours' rest : 
 Provided, That this act shall not apply in case of washout, wrecks, 
 or unavoidable blockades, nor shall it be construed to prevent the 
 crew of a train which contains live stock or perishable freight in 
 carload lots from running to the next division point after the expira- 
 tion of the time limit provided for in this act : Provided further. That 
 this section shall not apply to employees of sleeping-ear companies, 
 baggagemen, and express messengers. 
 
 Sec. 2. That section 2 of chapter 342 of the Session Laws of 1905 be 
 amended to read as follows: Section 2. Any corporation or receiver 
 operating a line of railroad, in whole or in part in this State, who 
 shall knowingly violate any provisions of this act shall be liable to 
 the State of Kansas for a penalty of not less than $100 nor more than 
 $200 for each otfense, and such penalties shall be recovered and suits 
 thereof shall be brought in the name of the State of Kansas in a court 
 of competent jurisdiction in any county in the State into or through 
 which any such railroad may nin by the attorney-general or under 
 his direction, or by the prosecuting attorney of the proper county 
 through or into or out of which trains may be operated by said com-
 
 14 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 
 
 pany ; and upon complaint being made to the commissioner of labor, 
 he is hereby authorized to investigate such complaint, and shall be 
 empowered to examine the train sheets, registers, and dispatchers' re- 
 ports, and to hear such other evidence as may be offered b}' officers or 
 employees of such railroad company to determine whether such com- 
 plaint is well founded; and if the complaint appears to be well 
 founded it shall be the duty of said commissioner of labor to file a 
 complaint before the county attorney of the proper county through 
 which said company may operate. 
 
 Sec. 3. Sections 1 and 2 of chapter 342 of the Session Laws of 1905 
 and all acts and parts of acts in conflict herewith be, and the same is 
 hereby, repealed. 
 
 Sec. 4. This act shall take effect and be in force from and after its 
 publication in the official statute book. 
 
 Approved March 9, 1907. 
 
 MARYLAND. 
 
 [Laws of 1900, p. 834, cli. 4M.] 
 
 Sec. 300A. It shall be unlawful for any person, corporation, or 
 association operating a railroad within this State to permit any 
 telegraph or telephone operator who spaces trains, by the use of 
 the telegraph or telephone, under what is known and termed " block 
 system " (defined as follows) : Reporting trains to another office or 
 offices, and to the train dispatcher registering the same and operating 
 one or more train-order signals, and telegraph or telephone levermen 
 who manipulate interlocking machines in railroad yards or on main 
 tracks out on the lines connecting side tracks or switches or train 
 dispatchers in its service; whose duties substantially as hereinbefore 
 set forth pertain to the movement of cars, engines, or trains on its 
 railroad by the use of the telegraph or telephone in dispatching or 
 reporting trains or receiving or transmitting train orders, as inter- 
 preted in this section, to be on duty for more than eight hours in any 
 twent3'^-four consecutive hours. 
 
 Sec. 300B. Any person, corporation or association that shall violate 
 section 300A of this act shall pay a fine of $100 for each violation of 
 this act. 
 
 Sec. 300C. The fine mentioned in section 300B of this act shall be 
 recovered by an action of debt in the name of the State of Maryland 
 for the use of the State, who shall sue for it against such person, cor- 
 poration or association violating this act, said suit to be instituted in 
 any court in this State having appropriate jurisdiction. 
 
 Sec. 300D. The said fine when recovered as aforesaid shall be paid 
 without deduction whatever, one-half thereof to the informer, and
 
 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 15 
 
 the balance thereof to be paid into the public school fund of the State 
 of Maryland: Provided, That the provisions of this act shall not 
 apply to any part of a railroad where not more than 8 regular 
 passenger trains in twenty-four hours pass each way: Provided.^ 
 moreover, that where 20 freight trains pass each way generally in 
 each twenty-four hours then the provisions of this act shall apply, 
 notwithstanding that there may pass a less number of passenger 
 trains than hereinafter set forth, namely, 8. 
 
 MICHIGAN. 
 
 [Compiled Laws of 1897.] 
 
 Sec. 5458. No person, corporation, joint stock company, or associa- 
 tion of individuals owning or operating a line of railroad in whole 
 or in part within this State shall permit or require any conductor, 
 engineer, fireman, brakeman, or any trainman who has worked in 
 any capacity for twenty-four hours to again go on duty or perform 
 any kind of work until he has had at least eight hours' rest.v 
 
 Sec. .5459. Ten hours' labor performed within twelve consecutive 
 hours shall constitute a day's labor in the operation of all steam, 
 surface, and elevated railroads now owned and operated or hereafter 
 owned and operated within this State: Provided, That this act shall 
 not apply to regular scheduled trains when completed within a less 
 number of hours: Provided further, That the provisions of this act 
 shall not apply to extra hours of labor performed by any conductor, 
 engineer, fireman, brakeman, or trainman in cases of unavoidable 
 accident or delay caused by such accident. 
 
 Sec. 5460. Every hour in excess of ten hours' labor performed in 
 any day by any conductor, engineer, fireman, brakeman, or any train- 
 man of any railroad company, corporation, joint stock company, or 
 association of individuals or persons owning or operating a railroad 
 within this State, who works under the direction of a superior or at 
 the request of such person, company, corporation, joint stock com- 
 pany, or association of individuals, and who shall be required or 
 permitted to work shall be deemed one tenth of a day's labor, and 
 such conductor, engineer, fireman, brakeman, or trainman shall re- 
 ceive pro rata compensation for said extra service in addition to his 
 daily compensation. 
 
 Sec. 54G1, Any person, agent, or employee of such person, railroad, 
 company, corporation, joint stock company, or association of indi- 
 viduals violating the provisions of this act [sees. 5458-54G1] shall 
 be guilty of a misdemeanor, and on conviction shall be punished by 
 a fine of not less than $50 and not to exceed $100, in the discretion of 
 the court.
 
 16 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 
 
 MINNESOTA. 
 
 [Ijiws of 1907, I). 344* cb. 253.] 
 
 Section 1. It shall be unlawful for any railroad company within 
 the State of Minnesota, or any of its officers or agents, to require or 
 permit any employee engaged in or connected with the movement of 
 any rolling stock, engine, or train to remain on duty more than six- 
 teen consecutive hours, or to require or permit any such employee 
 who has been on duty sixteen consecutive hours to perform any fur- 
 ther service without having had at least eight hours' rest, or to require 
 or permit any such employee to be on duty at any time to exceed six- 
 teen hours in any consecutive twent}-four hours: Provided, how- 
 ever, That this section shall not apply to work performed in the pro- 
 tection of life or property in cases of accident, wreck, or other un- 
 avoidable casualty: And provided further, That it shall not apply to 
 the time necessary for trainmen to reach a resting place when an acci- 
 dent, wreck, washout, snow blockade, or other unavoidable cause has 
 delayed their train. 
 
 Sec. 2. Any officer of any railroad company in the State of Minne- 
 sota violating any of the provisions of this act shall be guilty of a 
 misdemeanor, and, upon conviction, shall be punished by a fine of not 
 less than $100 and not more than $500 for each offense, or by impris- 
 onment in the county jail not more than sixty days, or both fine and 
 imprisonment, at the discretion of the court. 
 
 It shall be the duty of the state railroad and warehouse commis- 
 sion, upon complaint properly filed with it alleging a violation of 
 this act, to make a full investigation in relation thereto, and for such 
 purpose it shall have the power to administer oaths, interrogate wit- 
 nesses, take testimony, and require the production of books and 
 papers, and if such report shall show a violation of the provisions of 
 this act the commission shall, through the attorney-general, begin 
 the prosecution of all parties against whom evidence of violation of 
 the provisons of this act is found : but this act shall not be construed 
 to prevent any other person from beginning prosecution for violation 
 of the provisions hereof. 
 
 Approved April 19, 1907. 
 
 MISSOURI. 
 
 [Laws of 1905, p. 112.] 
 
 Section 1. It shall be unlawful for any corporation or receiver 
 operating a line of railroad, in whole or in part, in the State of Mis- 
 souri, or any officer, agent, or representative of such corporation or 
 receiver to require or permit any conductor, engineer, fireman, brake-
 
 HOURS OF SERVTCE OF RAILWAY EMPLOYEES. 17 
 
 man, train dispatcher, telegraph operator, or any train man who has 
 worked in his respective capacity for sixteen hours within a day of 
 twenty-four hours to again go on duty or perform any work for such 
 railroad until he has had at least eight hours' rest: Provided^ This 
 provision shall not apply in case of accident or casualty or prevent 
 train crews from taking a passenger train or freight loaded exclu- 
 sively with live stock or perishable freight to the next nearest division 
 point upon such railroad: Provided further^ That this section shall 
 not apply to employees of sleeping-car companies. 
 
 Sec. 2. Any corporation or receiver operating a line of railroad, 
 in whole or in part, in this State, who shall violate any of the pro- 
 visions of this act shall be liable to the State of Missouri for a penalty 
 of not less than $500 nor more than $1,000 for each offense, and such 
 penalties shall be recovered and suit therefor shall be brought in the 
 name of the State of Missouri in a court of proper jurisdiction in 
 any county in the State into or through [which] any such railway 
 may run by the attorney-general, or under his direction, or by the 
 prosecuting attorney of any county through or into or out of which 
 trains may be operated by said railroad. All fines and penalties col- 
 lected or received for any violation of this act shall be paid into the 
 " good-roads fund " of the State of Missouri, to be used only in the 
 construction of gravel or macadam roads in the several counties of 
 the State outside of the incorporated cities and towns in such manner 
 as may be provided for by law. 
 
 Approved March 25, 1905. 
 
 MONTANA. 
 
 [Laws of 1907, p. 6, ch. 5.] 
 
 Section 1. On all lines of steam railroads or railways operated in 
 whole or in part within this State the time of labor of locomotive engi- 
 neers, locomotive firemen, conductors, trainmen, operators, and agents 
 acting as operators employed in running or operating the locomotive 
 engines or trains on or over such railroads or railways in this State 
 shall not at any time exceed sixteen consecutive hours or to be on 
 duty for more than sixteen hours in the aggregate in any twenty- 
 four-hour period. At least eight hours shall be allowed them off 
 duty before said engineers, firemen, conductors, trainmen, operators, 
 and agents acting as operators are again ordered or required to go on 
 duty: Provided^ however^ That nothing in this section shall be con- 
 strued to allow any engineer, fireman, conductor, or trainman to 
 desert his locomotive or train in case of accident, storms, wrecks, 
 washouts, snow blockade, or any unavoidable delay arising from like 
 70789—09 3
 
 18 HOUES OF SERVICE OF RAILWAY EMPLOYEES. 
 
 causes, or to allow said engineer, fireman, conductor, or trainman to 
 tie up any passenger or mail train between terminals. 
 
 Sec. 2. Any railroad company or suj^erintendent, train dispatcher, 
 trainmaster, master mechanic, or other railroad or railway official 
 Avho shall order or require any locomotive engineer, locomotive fire- 
 man, conductor, trainman, operator, or agent acting as operator to 
 labor contrary to the provisions of section 1 of this act shall be 
 deemed guilty of a misdemeanor, and on conviction thereof shall be 
 punished b}" a fine of not less than $100 or more than $500, or by im- 
 prisonment of not less than thirty days or more than sixty days in 
 the county jail; and all railroad or railway corporations operating 
 lines of railroads or railways in whoL or in part in this State shall 
 be liable in damages for all injuries to any person or persons result- 
 ing from violations of the provisions of section 1 of this act. 
 
 Sec. 3. The provisions of section 1 of this act shaH not apply to 
 relief or wreck trains. 
 
 Sec. 4. All acts and parts of acts in conflict with this act are hereby 
 repealed. 
 
 Sec. 5. This act shall be in full force and effect from and after its 
 passage and approval by the governor. 
 
 Approved February 5, 1907. 
 
 NEBRASKA. 
 
 [Cobbey's Compiled Statutes, 1907, pp. 1809-10.] 
 
 Sec. 10629. That no company, corporation, or person operating a 
 railroad, in whole or in part, within the State of Nebraska, shall per- 
 mit or require any conductor, engineer, fireman, brakeman, telegraph 
 operator, or any trainman who has worked in his respective capacity 
 for eighteen consecutive hours, except in case of casualty or unavoid- 
 able emergency, to again go on duty or perform any work until he has 
 had at least eight hours for rest. 
 
 Sec. 10630. Any company, corporation, or person who shall violate 
 or permit to be violated any of the provisions of the foregoing sec- 
 tion, or any officer, agent, or employer who violates or permits to be 
 violated any of the provisions of the preceding section shall be fined 
 not less than $50, nor more than $200, for each and every violation of 
 this act: Provided, however, That the proceedings to enforce the 
 penalty, as provided in this act, shall be commenced within six 
 months from the date of the violation of the same. 
 
 Sec. 10631. It shall be unlawful for any common carrier within 
 this State to put in charge of any telegraph or signal tower between 
 the hours of 7 o'clock in the evening and 7 o'clock in the morning any
 
 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 19 
 
 telegraph operator or tower man whose duty it shall \xi to assist in the 
 movement of trains, unless such telegraph operator or tower man shall 
 have reached the age of at least 21 years: Provided^ This act shall not 
 apply when such common carrier is engaged in relieving its tracks of 
 a train wreck, an act of God, or some publix? calamity. 
 
 Sec, 10G32. Any common carrier within this State who shall vio- 
 late the provisions of section 1 (10631) of this act shall be deemed 
 guilty of a misdemeanor, and upon conviction by any court of com- 
 petent jurisdiction shall be fined in any sum of not less than $5, nor 
 more than $50, for every night an}' such minor pei*son is so employed 
 in charge of every ^uch railway station or tower. 
 
 NEVADA. 
 
 [Acts of 1907, p. 411.1 
 
 Section 1. It shall be unlawful for any person, corporation, or asso- 
 ciation operating a railroad within this State to permit any telegraph 
 or telephone operator who spaces trains by the use of the telegraph 
 or telephone under what is known and termed "block system " (de- 
 fined as follows) : Reporting trains to another office or offices, or to a 
 train dispatcher operating one or more trains under signals, and tele- 
 graph and telephone levermen who manipulate interlocking machines 
 in railroad yards or on main tracks out on the lines connecting side 
 tracks or switches, or train dispatchers in its service whose duties 
 substantialh' as hereinbefore set forth pertain to the movement of 
 cars, engines, or trains on its railroad by the use of telegraph or tele- 
 phone in dispatching or reporting trains or receiving or transmitting 
 train orders as interpreted in this section, to be on duty for more than 
 eight hours in any twenty-four consecutive hours. 
 
 Sec. 2. Any person, corporation or association that shall violate sec- 
 tion 1 of this act shall pay a fine of $100 for each violation of this 
 act. 
 
 Sec. 3. The fine mentioned in section 2 of this act shall be recov- 
 ered by an action of debt in the name of the State of Nevada for the 
 use of the State, who shall sue for it against such person, corporation, 
 or association violating this act, said suit to be instituted in any 
 court in this State having appropriate jurisdiction. 
 
 Sec. 4. The said fine, when recovered as aforesaid, shall be paid 
 without any deduction whatever, one-half thereof to the informer 
 and the balance thereof to be paid into the public-school fund of the 
 State of Nevada.
 
 20 HOUBS OF SERVICE OF RAILWAY EMPLOYEES. 
 
 NEW YORK. 
 [Laws of New York, 1897, vol. 1, p. 464.] 
 
 Sec. 7. Ten hours' labor performed within twelve consecutive hours 
 shall constitute a legal day's labor in the operation of steam surface 
 and elevated railroads owned and operated within this State, except 
 where the mileage system of running trains is in operation. But this 
 section does not apply to the performance of extra hours of labor 
 by conductors, engineers, firemen, and trainmen in case of accident 
 or delay resulting therefrom. For each hour of labor performed in 
 any one day in excess of such ten hours by any such employee he shall 
 be paid in addition at least one-tenth of his daily compensation. 
 
 No person or corporation operating a line of railroad of 30 miles 
 in length or over, in whole or in part, within this State shall permit 
 or require a conductor, engineer, fireman, or trainman who has worked 
 in any capacity for twenty-four consecutive hours to go again on 
 duty or perform any kind of work until he has had at least eight 
 hours' rest. 
 
 [Laws of 1907, voL 2, p. 1469, ch. 627.] 
 Section 1. Chapter 415 of the laws of 1897, entitled "An act in 
 relation to labor, constituting chapter 32 of the general laws," is here- 
 by amended by adding a new section after section 7 thereof, to be 
 section 7-a, to read as follows: 
 
 Sec. 7-a. Regulation of hours of labor of block-system telegraph 
 and telephone operators and signalmen on surface, subway, and ele- 
 vated railroads. — The provisions of section 7 of this chapter shall 
 not be applicable to employees mentioned herein. It shall be un- 
 lawful for any corporation or receiver operating a line of railroad, 
 either surface, subway, or elevated, in whole or in part, in the State of 
 New York, or any officer, agent, or representative of such corporation 
 or receiver to require or permit any telegraph or telephone operator 
 who spaces trains by the use of the telegraph or telephone under what 
 is known and termed the " block system " (defined as follows) : Report- 
 ing trains to another office or offices or to a train dispatcher operating 
 one or more trains under signals, and telegraph or telephone levermen 
 who manipulate interlocking machines in railroad yards or on main 
 tracks out on the lines, or train dispatchers in its service whose duties 
 substantially, as hereinbefore set forth, pertain to the movement of 
 cars, engines, or trains on its railroad by the use of the telegraph or tele- 
 phone in dispatching or reporting trains or receiving or transmitting 
 train orders as interpreted in this section, to be on duty for more than 
 eight hours in a day of twenty-four hours, and it is hereby declared 
 that eight hours shall constitute a day of employment for all labor- 
 ers or employees engaged in the kind of labor aforesaid; except in
 
 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 21 
 
 cases of extraordinaiy emergency caused by accident, fire, flood, or 
 danger to life or property, and for each hour of labor so performed 
 in any one day in excess of such eight hours by any such employee 
 he shall be paid in addition at least one-eighth of his daily compen- 
 sation. 
 
 Any person or persons, company or corporation, who shall violate 
 any of the provisions of this section shall, on conviction, be fined in 
 the sum not less than $100, and such fine shall be recovered by an 
 action in the name of the State of New York for the use of the 
 State, which shall sue for it against such person, corporation, or 
 association violating this act, said suit to be instituted in any court 
 in this State having appropriate jurisdiction. Such fine, when re- 
 covered as aforesaid, shall be paid without any deduction whatever, 
 one-half thereof to the informer and the balance thereof to be paid 
 into the free school fund of the State of New York. The provisions 
 of this act shall not apply to any part of a railroad where not more 
 than 8 regular passenger trains in twenty-four hours pass each way ; 
 Provided^ moreover^ That where 20 freight trains pass each way gen- 
 erally in each twenty-four hours then the provisions of this act shall 
 apply, notwithstanding that there may pass a less number of passen- 
 ger trains than hereinbefore set forth, namely 8. 
 
 Paragraph 2. This act shall take effect October 1, 1907. 
 
 XORTH CAROLINA. 
 
 [Public Laws of 1907, p. 665, ch. 456.] 
 
 Section 1. That it shall be unlawful for any railroad company 
 doing business in the State of North Carolina, or for any officer, 
 agent, or employee thereof who has the direction of or control over 
 any employee or agent of the classes mentioned below, to cause or 
 knowingly permit or allow any employee lx>longing to any such class 
 to render any service for such railroad company pertaining to the 
 movement of trains, for a greater number of hours in any twenty- 
 four hours than is hereinafter specified, to wit: 
 
 {a) Any employee doing the work of a train dispatcher (or tele- 
 graph operator) , having in charge in any degree the direction of the 
 movement of any train or trains in North Carolina for more than 
 eight hours in any twenty-four hours: Provided^ The Corporation 
 Commission of North Carolina is hereby authorized to permit any 
 such telegraph operator at any station on any road in this State to 
 work for a longer time, not exceeding twelve hours in any twenty- 
 four hours, where the said Corporation Commission shall determine 
 that the safety of the traveling public will not be endangered by such 
 extension of hours.
 
 22 HOUKS OF SERVICE OF RAILWAY EMPLOYEES. 
 
 (b) Any conductor, flagman, engineer, brakeman, fireman, or other 
 member of any train crew, for more than sixteen hours in any twenty- 
 four hours. 
 
 Sec. 2. That any railroad company, or officer or agent thereof, 
 having the direction of or control over any employee mentioned in 
 section 1 of this act, who shall violate any of the provisions hereof, 
 shall be guilty of a misdemeanor, and upon conviction such railroad 
 company shall be fined not less than $500; and such officer or agent 
 shall be fined or imprisoned, or both, in the discretion of the Court. 
 
 Sec. 3. That any train dispatcher or telegraph operator, having 
 in charge in any degree the direction of the movement of any train or 
 trains in North Carolina, who shall work more than eight hours in 
 any twenty-four hours as an employee performing the duties afore- 
 said, except as shall be permitted by the Corporation Commission 
 under the provisions of this act, shall be guilty of a misdemeanor, 
 and upon conviction shall be fined or imorisoned, in the discretion 
 of the Court. 
 
 Sec. 4. Any conductor, flagman, fireman, engineer, brakeman, or 
 other member of ht^ train crew, who shall work for any railroad 
 company more than sixteen hours in any twenty-four hours, shall be 
 guilty of a misdemeanor, and upon conviction shall be fined or im- 
 prisoned, or both, in the discretion of the court: Provided, That it 
 shall not be held a violation of this act by any conductor, brakeman, 
 flagman, engineer, fireman, or other member of any train crew who 
 shall work more than sixteen hours in any twenty-four hours in order 
 to clear the track or tracks of said railroad company from wrecks, 
 w^ashouts, or obstruction caused by the act of God, so that they may 
 bring the train or trains operated by them to a station on said road, 
 which station shall be either the schedule destination of said train 
 or the station at which there is regularly a change of train crews; 
 nor shall it be held in violation of this act by the corporation, officers, 
 or agents thereof to permit, the said conductor, flagman, brakeman, 
 fireman, engineer, or other member of a train crew to work over- 
 time under the circumstances and conditions hereinbefore stated. 
 
 Sec. 5. This act shall be in force from and after its ratification. 
 
 Ratified March 4, 1907. 
 
 NORTH DAKOTA. 
 
 [Laws of 1907, p. 337, cli. 207.] 
 
 Section 1. It shall be unlawful for any railroad, railroad corpora- 
 tion, or common carrier, engaged in commerce in whole or in part 
 within this State, or any of its officers or agents, to require or ])erniit 
 any employees engaged in or connected with the movement of any 
 train in which commerce is hauled within the State, or to require
 
 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 23 
 
 or permit any employee engaged in or connected with the move- 
 ment of any train carrying freight or passengers within the State, to 
 remain on duty more than sixteen consecutive hours, except when by 
 casualty, storms, wrecks, washouts, snow blockades, or any unavoid- 
 able delay arising from like causes he is prevented from reaching 
 his terminal; or to require or permit any such employee who has 
 been on duty sixteen consecutive hours to go on any duty without hav- 
 ing at least eight hours' rest. 
 
 Sec. 2. Any such railroad, railroad corporation, common carrier, 
 or any of its officers or agents, violating any of the provisions of 
 this act shall be deemed guilty of misdemeanor, and shall, upon con- 
 viction thereof in any district court of the State of competent 
 jurisdiction, be subject to a fine of not less than $100 nor more 
 than $1,000 for each offense; and it shall be the duty of the railroad 
 commissioners to fully investigate all cases of any violation of this 
 act, and said railroad commissioners shall forthwith notify the attor- 
 ney-general of such violation thereof as may come to their knowledge, 
 and it shall be the duty of the attorney-general to prosecute, or cause 
 to be prosecuted, all violations thereof. 
 
 Sec. 3. All acts or parts of acts in conflict with this act are hereby 
 repealed. 
 
 Approved March 8, 1907. 
 
 OHIO. 
 
 [Bates's Annotated Statutes, vol. 2, 0th ed., 1787-1908, p. 1898.] 
 
 (3365-14) Section 1. Any company operating a railroad over 30 
 miles in length, in whole or in part within the State, shall not permit 
 or require any conductor, engineer, fireman, brakeman, or any train- 
 man on any train, or any telegraph operator who has worked in his 
 respective capacity for fifteen consecutive hours, to again be required 
 to go on duty or perform any work until he has had at least eight 
 hours' rest, except in case of detention caused by accident, unavoid- 
 able or otherwise. Ten hours shall constitute a day's work, and for 
 every hour that any conductor, engineer, fireman, brakeman, or any 
 trainman, or any telegraph operator of any company who works 
 under the direction of a superior, or at the request of the company, 
 shall be paid for such extra services in addition to his per diem. 
 (89 V. 311; 88 V. 344; 87 v. 112.) 
 
 (33G5-15) Sec. 2. Any railroad company or corporation know- 
 ingly violating any of the provisions of this act shall be liable to a 
 penalty of not less than $500 nor more than $1,000 for the first 
 offense, and for any subsequent offense of not less than $1,000 nor 
 more than $1,500, which shall be recovered in a civil action in the 
 name of the State. (89 v. 311,' 87 v. 112.)
 
 24 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 
 
 OREGON. 
 
 [General I^nws, 1007, cli. 143, p. 286.] 
 
 Section 1. Any person who owns or operates a steam railroad 
 ■which is located wholly or partly in this State shall not permit or 
 require any conductor, engineer, fireman, brakeman, or flagman, who 
 upon arrival at a terminal station has been ten or more consecutive 
 hours on duty, to go again on duty until he has had at least ten hours 
 off duty. No conductor, engineer, fireman, brakeman, switchman, 
 flagman, or telegraph operator shall be required or permitted to 
 remain on duty more than fourteen consecutive hours, except when 
 longer consecutive service becomes necessary because of fires, or 
 wrecks, or washouts, or other unavoidable delays or unforeseen 
 emergencies. 
 
 Sec. 2. The manager or superintendent of [or] any person owning 
 or operating a steam railroad located wholly or partly in this State^ 
 or any other official charged with the management or control or oper- 
 ation of such railroad, or any part thereof, shall be responsible, as 
 well as the owner thereof, for a violation of the provisions of this act : 
 and any one or more of said persons violating any of the provisions 
 of this act shall be deemed guilty of a misdemeanor, and upon con- 
 viction thereof shall be punished by a fine of not less than $100 nor 
 more than $500, or by imprisonment in the county jail of not less 
 than six months nor more than one year, or by both such fine and im- 
 prisonment. 
 
 Filed February 25, 1907. 
 
 RHODE ISLAND. 
 
 [Acts and resolves, January session, 1902, p. 80, ch. 1004.] 
 Section 1. A day's work for all conductors, gripmen, and motor- 
 men now employed or who may hereafter be employed in the opera- 
 tion of all street railways, of whatever motive power, in this State 
 shall not exceed ten hours' work to be performed within twelve con- 
 secutive hours. No officer or agent of any corporation operating 
 street cars, of whatever motive power, in this State shall on any day 
 exact from any of its said employees more than the said ten hours'^ 
 work within the twenty-four hours of the natural day, and within 
 twelve consecutive hours: Provided^ however, That on all legal holi- 
 days, and on occasions when an unexpected contingency arises de- 
 manding more than the usual. service by such street railway corpora- 
 tion to the public, or from such employees to the corporation, and in 
 case of accident or unavoidable delay, extra labor may be performed 
 for extra compensation; and that nothing herein contained shall 
 affect existing written contracts.
 
 HOURS OF SERVTOE OF RATT.WAY EMPLOYEES. 25 
 
 Sec. 2. That it is the true iniini and purpose of this act to limit 
 the usual hours of labor of the employees of street railway corpora- 
 tions, as aforesaid, to ten hours' actual work a day, to be performed 
 within a period of twelve consecutive hours, as aforesaid, whether 
 such employees be employed by the trip or trips, the job, the hour, 
 the day, the week, the month, or in any other manner. 
 
 Sec. 3. Any street railway corporation violating any of the pro- 
 visions of the preceding sections of this act shall be fined not less than 
 $100 nor more than $500, one half thereof to the use of the complain- 
 ant and the other half to the use of the State. 
 
 Sec. 4. This act shall take effect on the 1st day of June, A. D. 
 1902. 
 
 [Acts and Resolves, December session, 1902, p. 1, ch. 1045.] 
 
 Section 1. Section 2 of chapter 1004 of the Public Laws, passed 
 at the January session of the general assembly, A. D. 1902, is hereby 
 amended so as to read as follows : 
 
 " Sec. 2. The true intent and purpose of this act is hereby declared 
 to be to limit the usual hours of labor of the above-mentioned em- 
 ployees of street railway corporations, in the absence of agreement 
 as to such hours between such emploA^ees and their employer, to ten 
 hours' actual work a day, to be performed within a period of twelve 
 consecutive hours, whether such employees be employed by the trip 
 or trips, the job, the hour, the day, the week, the month, or in any 
 other manner. But nothing in this act contained shall be construed 
 to forbid or prevent any such employee, being of the age of 21 years 
 or upward, from laboring a greater or lesser numlx?r of hours a dny 
 in accordance with his contract so to do, nor to impose any penalty 
 upon any person or corporation for permitting such employees to 
 labor such greater or lesser number of hours in the performance of 
 such contract." 
 
 Sec. 2a. So much of said act to which this is in amendment as is 
 inconsistent herewith is hereby repealed. 
 
 Sec. 3. This act shall take effect from and after its passage. 
 
 Passed December 5, 1902. 
 
 SOUTH DAKOTA. 
 
 [Session Liiws, 1907, p. 455(5, ch. 220.] 
 
 Section 1. No common carrier, nor any officer nor agent thereof, 
 shall require or permit any employee engaged in or connected with 
 the movement of any train to remain on duty more than sixteen 
 consecutive hours, or require or permit any such employee who has
 
 26 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 
 
 been on duty sixteen consecutive hours to go on duty without having 
 had at least ten hours off duty, or require or permit any such em- 
 ployee wlio has been on duty sixteen hours in the aggregate in any 
 twenty-four-hour period to continue on duty or to go on duty without 
 having had at least eight hours off without duty within such twenty- 
 four-hour period. 
 
 Sec. 2. In any prosecution for a violation of the preceding section 
 it shall be a sufficient defense to show that the employee was pre- 
 vented from reaching his terminal by any casualty occurring before 
 he started on his trip, or by accident, or unexpected delay of trains 
 scheduled to make connections with the train on which such employee 
 was serving. 
 
 Sec. 3. Any common carrier and any officer or agent thereof vio- 
 lating any of the provisions of section 1 of this act shall, upon convic- 
 tion thereof, be punished by a fine of not less than $100 or more than 
 $1,000. 
 
 Sec. 4. The Board of Eailroad Commissioners shall fully investigate 
 all cases of violation of this act, and for that purpose may subpoena 
 witnesses, administer oaths, interrogate witnesses, take testimony, and 
 require the production of books and papers either within or without 
 the State, and shall lodge with the proper state attorneys information 
 of such violations as may come to its knowledge. 
 
 Sec. 5. The provisions of this act shall not be applied to relief or 
 wreck trains. 
 
 Sec. 6. All acts and parts of acts in conflict w^ith this act are hereby 
 repealed. 
 
 Approved February 13, 1907. 
 
 TEXAS. 
 
 [General Laws of 1907, p. 113, Ch. LI ; see also p. 444. Ch. V.] 
 
 Section 1. It shall hereafter be unlawful for any corporation or 
 receiver operating any line of railroad in whole or in part in this 
 State, or any officer, agent, or representative of such corporation or 
 receiver, to require or knowingly permit any conductor, engineer, fire- 
 man, brakeman, train dispatcher, or telegraph operator who has been 
 on duty for fourteen consecutive hours to perform any work until he 
 has had at least eight hours off duty, except in cases where such four- 
 teen hours expires while a train is between stations or at a station 
 where there are no facilities for sidetracking such train, in either of 
 which events the conductor, engineer, fireman, or brakeman, or all of 
 them, may be permitted to proceed with such train to the first station 
 where such facilities can be had, but no further: Provided, however,
 
 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 27 
 
 That in case said fourteen hours shall expire when a train is within 20 
 miles of a terminal toward which it is going, or within -20 miles of its 
 destination, the aforementioned employees operating such train may 
 be permitted to prf>ceed to such terminal or destination, but in such 
 case shall not be required or permitted to do any switching or other 
 work which would in any manner retard them in speedily reaching 
 such terminal or destination: Provided further, That this act shall 
 not apply in case of casualty upon such railroad directly affecting 
 such employee, nor shall it apply to sleeping-car companies. 
 
 Sec. 2. It shall hereafter be unlawful for any corporation or re- 
 ceiver operating a line of railroad in whole or in part in this State, 
 or any officer, agent, or representative of such corporation or receiver, 
 to require or knowingly permit any conductor, engineer, fireman, 
 brakeman, train dispatcher, or telegraph operator who has been on 
 duty for fourteen consecutive hours and who has gone off duty to 
 again go on duty or perform any work for such corporation or re- 
 ceiver until he has had at least eight hours off duty. 
 
 Sec. 3. Any corporation or receiver operating a line of railroatl 
 in whole or in part within this State who shall violate any of the 
 provisions of this act shall be liable to the State of Texas in a pen- 
 alty of not less than $200 nor more than $1,000 for each offense, and 
 such penalties shall be recovered and suit therefor shall be brought 
 in the name of the State of Texas in any court having jurisdiction of 
 the amount in Tra\;is County, Texas, or in any county into or through 
 which said railroad may pass. Such suit or suits may be brought 
 either by the attorney-general or under his direction or by the county 
 attorney or district attorney of any county or judicial district into 
 or through which said railroad may pass, and such attorney bring- 
 ing any action under this act shall be entitled to a compensation of 
 one-third of the total amount of penalties recovered. 
 
 Sec. 4. Any officer, agent, or representative of any corporation or 
 receiver operating any line of railroad in whole or in part within 
 this State who shall violate any of the provisions of this act shall be 
 deemed guilty of a misdemeanor, and upon conviction therefor shall 
 be punished by a fine of not less than $100 nor more than $.")00 for 
 each offense, or by confinement in the county jail for not less than ten 
 nor more than sixty days, or both fine and imprisonment, and such 
 person so offending may be prosecuted under this section, either in the 
 county where such person may be at the time of the commission of 
 the offense or in any county where such employee has been permitted 
 or required to work in violation of this act.
 
 28 HOURS OP SERVICE OF RAILWAY EMPLOYEES. 
 
 [P. 444, Cli. v.] 
 
 Sec. 4a. That this act shall take effect and be in force on and after 
 the 12th day of October, 1907. 
 
 Sec. 5. That section 5 of said act, approved April 1, 1907, be, and 
 the same is hereby, repealed. 
 
 Approved April 1, 1907. 
 
 WASHINGTON. 
 
 [I^ws of 1907, I). 25, ch. 20.] 
 
 Section 1. I shall be unlawful for any common carrier by railroad, 
 or any of its officers or agents, to require or permit any employee 
 engaged in or connected with the movement of any train to remain on 
 duty more than sixteen consecutive hours, except when by casualty 
 occurring after such employee has started on his trip ; or, except by 
 accident or unavoidable delay of trains scheduled to make connec- 
 tions with the train on which such employee is serving, he is prevented 
 from reaching his terminal ; or, to require or permit any such employee 
 who has been on duty sixteen consecutive hours to go on duty without 
 having had at least ten hours off duty ; or, to require or permit any 
 such employee who has been on duty sixteen hours in the aggregate 
 in any twenty-four-hour period to continue on duty without having 
 had at least eight hours off duty within the twenty-four-hour period. 
 
 Sec. 2. That any such common carrier, or any of its officers or agents, 
 violating any of the provisions of this act is hereby declared to be 
 guilty of a misdemeanor, and upon conviction thereof shall be liable 
 to a penalty of not less than $100 or more than $1,000 for each and 
 every such violation, to be recovered in a suit or suits to be brought by 
 the attorney-general; and it shall be the duty of the attorney-general 
 to bring such suits, upon duly verified information being lodged with 
 him of such violation having occurred, in any superior court ; and it 
 shall also be the duty of the railroad commission to fully investigate 
 all cases of the violation of this act, and to lodge with the attorney- 
 general information of any such violation as may come to its knowl- 
 edge. 
 
 Approved February 18, 1907. 
 
 WEST VIRGINIA. 
 
 [Acts of 1907, p. 248, ch. 59.] 
 
 Section 1. That it shall be unlawful for any person, corporation, 
 or association operating a railroad within this State to permit any 
 person employed by them, or on their railroad, in the capacity of
 
 HOURS OF SERVICE ()!• KAILWAV KMi'l,< i\ 1 I -. 29 
 
 telephone or telegfraph operator, whose duty it is to space oj- l)lock 
 trains or engines, or handle train orders governing the movement of 
 trains or engines, or handling interlocking switches governing the 
 movement of trains or engines, to permit such telephone or telegraph 
 operator so employed to l>e on duty more than eight hours in any 
 twenty-four consecutive hours; Provided^ That the provisions of this 
 act shall apply only to such parts of a railroad where three or more 
 passenger trains pass each way in twenty-four consecutive hours, or 
 where ten or more freight trains pass each way in twenty-four con- 
 secutive hours, or at any office where said telegraph or telephone op- 
 eratoi-s are employed twenty or more hours in twenty-four consecu- 
 tive hours; And provided further^ That in case of necessity caused 
 by the sickness of any such operators or by an accident on such rail- 
 road, such telephone and telegraph operators may be permitted to 
 be on duty for a period of twelve consecutive hours in any twenty- 
 four consecutive hours, but such extension of time shall extend only 
 for a period long enough to enable such railroad company to supply 
 the required number of operators at such office, and shall in no 
 case extend over a period of more than two days, nor under this pro- 
 vision shall it be lawful for any telegraph or telephone operator to 
 be on duty twelve consecutive hours in any twenty-four consecutive 
 hours for more than three times in any calendar month; but nothing 
 in this act shall prevent any such company and operator agreeing 
 to a longer day than eight hours, but in no case shall any such opera- 
 tor be permitted to l)e on duty longer than twelve consecutive hours 
 in any twenty-four consecutive hours under such agreement. 
 
 Sec. 2. Any person, corporation, or association convicted of violat- 
 ing the provisions of this act shall be guilty of a misdemeanor and 
 pay a fine of $100 for the first offense, and for each offense conunitted 
 after the first conviction hereunder pay a fine of $300. 
 
 \VIS<X>XSIX. 
 
 II^iws <.f 1!M)7, pp. 4ftS. 497.] 
 
 Railroad employees' hours on and oflf duty. — Section 1800-1. It 
 shall be unlawful for any common carrier, its officers or agents, to 
 require or permit: (1) Any employee to be or remain on duty for a 
 longer period than sixteen consecutive hours, and whenever any such 
 employee of such common carrier shall have l)een continuously on 
 duty for sixteen hours he shall be relieved and not required or per- 
 mitted again to go on duty until he has had at least ten consecutive 
 hours off duty; and no such employee who has been on duty sixteen 
 hours in the aggregate in any twenty-four-hour period shall be re-
 
 30 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 
 
 quired or permitted to continue or again go on duty without having 
 had at least eight consecutive hours off duty. 
 
 Emergencies excepted. — Section 1809-m. The provisions of this act 
 shall not apply in any case of casualty or unavoidable accident or the 
 act of God ; nor where the delay was the result of a cause not known 
 to the carrier or its officers or agents in charge of such employee at 
 the time said employee left the terminal and which could not have 
 been foreseen, nor to the crews of wrecking or relief trains. 
 
 Enforcement of sections 1809-1 to 1809-O, inclusive. — Section 
 1809-n. The railroad commission shall fully investigate all cases of 
 violation of this act and shall lodge with the proper district attor- 
 neys information of such violations as may come to its knowledge. 
 The commission shall have the power to emploj?^ such inspectors or 
 other persons as may be necessary to enforce the provisions of this 
 act. To enforce the provisions of this act the railroad commission 
 and its agents or employees shall have the power to administer oaths, 
 interrogate witnesses, take testimony, and require the production of 
 books and papers. 
 
 Penalty for \aolating hour law. — Section 1809-O. Any common car- 
 rier or any of its officers or agents violating any of the provisions of 
 section 1809-1 is declared to be guilty of a misdemeanor, and upon 
 conviction thereof shall be punished by a fine of not less than $100 
 nor more than $1,000. 
 
 Eailroad operators, hours on and off duty. — Section 1816-m. It 
 shall be unlawful for any corporation or a receiver operating a line 
 of railroad, in whole or in part, in the State of Wisconsin, or any 
 officer, agent, or representative of such corporation or receiver, to 
 require or permit any operator to remain on dut}' for more than one 
 period of eight consecutive hours, and when said operator shall have 
 been on duty for said eight hours he shall be relieved and not required 
 or permitted again to go on duty until he has had at least sixteen 
 consecutive hours off duty in any twenty-four hours : Provided, This 
 provision shall not apply in case of casualtj'^ upon such railroad ; in 
 which case said operator may be required or permitted to be on duty 
 not more than one period of twelve consecutive hours in any twenty- 
 four hours, or not to exceed three days of said twelve successive hours 
 each at one time. 
 
 "Operator;" "block sj'stem." — 2. The term "operator" shall in- 
 clude train dispatchers, and shall be defined and construed to mean 
 an employee who, by the use of the telegraph or telephone dispatches, 
 or reports, transmits, receives, or delivers orders pertaining to or 
 affecting the movement of cars, engines, or trains, or who handles such 
 cars, engines, or trains by or under what is known and termed the 
 block system ; the term " block system " shall be defined and con- 
 strued to mean reporting cars, engines, or trains to another office or
 
 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 31 
 
 offices, and to the train dispatcher regfistering: the same and operating 
 one or more order or signal devices, and manipuhiting signal devices 
 affecting the movement of cars, engines, or trains from stations or 
 towers in railroad yards or on main tracks. 
 
 Enforcement. — 3. AMiencver the railroad commission shall learn of 
 any violation of this section by any company or by an officer or agent 
 of any such company, it shall be the duty of the railroad commission 
 to investigate such violation at once, and it shall have power to re- 
 quire f^uch company to immediately provide such additional employees 
 as are necessar}* to comj>ly with the provisions of this act. 
 
 Penalty. — i. The failure to comply with any of the provisions of 
 this section shall subject the corporation, or receiver, or any officer, 
 agent, or representative of such corporation or receiver, to a jjenalty 
 of not less than $1,000 nor more than $5,000 for each offense, to be 
 sued for and recovered in the name of the State, with the costs of 
 prosecution by the attorney-general or under his direction, or by the 
 district attorney for any county in which the violation may occur, 
 and in the circuit court for such county, and such penalty, when 
 recovered, shall be paid into the county treasury of the county in 
 which the violation occurred, for the benefit of such county.
 
 DECISION OF COURTS RELATING TO HOURS OF SERV- 
 ICE OF RAILWAY EMPLOYEES. 
 
 ARKANSAS. 
 
 Finding of the Court. 
 
 The court takes judicial knowledge of the fact that the defendant's 
 railroad is engaged in interstate commerce, and the complaint should 
 so set out ; and being amended to that extent, the demurrer and mo- 
 tion to quash are one and tlie same in effect. 
 
 The defendant, the St. Louis, Iron Mountain and Southern Rail- 
 way Company, being chartered under the laws of the State of Arkan- 
 sas and the State of Missouri; and so organized for the purpose of 
 doing an interstate business, and was at the time complained of do- 
 ing an interstate business, its operations being subject to the laws of 
 the United States, and not to the State of Arkansas, as to the conduct 
 of such business. 
 
 I Thi^. he'mg so, and Congress by its act of March 4, 1007, having 
 enacted a law covering this subject, all jurisdiction of the State of 
 Arkansas on the subject under the Constitution of the United States 
 and the States became void; and the attempt to enforce such state 
 laws is in violation of said Constitution. And the demurrer to the 
 complaint and the. motion to quash must be sustained. 
 
 MISSOURI. 
 
 [Supreme Court, .Tune 0, 11)08.1 
 Synopsis of Decision. 
 
 The act of the general assembly of the State of Missouri of 1907, 
 limiting the hojirs of service of telegraph operators and train dis- 
 patchers, attempts to regulate interstate as well as intrastate com- 
 merce, and therefore is beyond the power of a State and void. {How- 
 ard v. Ill C. R. R. Co., 207 U. S. 4G3, cited and applied.) 
 
 Courts can take judicial notice of the fact that such a large railway 
 as the defendant is engaged in interstate commerce. The trend of 
 
 33
 
 34 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 
 
 the judicial mind is to expand the judicial horizon, and, as decided 
 cases ripen into precedents, it is made manifest that the list of things 
 of which courts take judicial notice is being sensibly added to by 
 growth. 
 
 Congress, by enacting the federal law limiting the hours of service 
 for employees on railroads engaged in interstate commerce, approved 
 March -4, 1907, served notice on all the States that Congress, as sole 
 constitutional repository of power in regulating commerce among the 
 States, has also exercised the incidental power of regulating the hours 
 of labor of such employees, and any State law upon the same subject 
 incidentally acting upon interstate traffic must give way to the federal 
 statute in so far as interstate traffic "-3 aifected. 
 
 Though the Missouri act was passed last it went into effect a few 
 months prior to the federal statute limiting the hours of service of 
 emploj^ees. By this federal statute a notice, in the nature of a caveat, 
 was given to all state legislatures that Congress has occupied the 
 ground by its statutory regulations; and that, in its high wisdom, 
 it has marked out a preparatory period of one year. This period, 
 in the comity existing between state and federal legislative power, 
 can not be abrogated by state action. Uniformity in police regula- 
 tions involving interstate commerce seems, under the pressure of cur- 
 rent events, to have called for federal legislation. 
 
 MONTANA. 
 
 [Supreme Court, February 25, 1908.] 
 Synopsis of Decision. 
 
 1. Commerce — Subjects of Regulation — Railroads. 
 
 Act February 5, 1907 (Laws, 1907, p. 6, ch. 5), providing that those 
 employed in running or operating locomotive engines or railroad 
 trains in this State shall not be required to work more than a certain 
 number of hours without rest, and prescribing penalties for its viola- 
 tion, is not unconstitutional as being a regulation of interstate com- 
 merce in the absence of federal legislation on the subject. 
 
 2. States — Repeal — Implied Repeal by Act Relating to Same 
 Subject — Retroactive Operation. 
 
 Act February 5, 1907 (Laws, 1907, p. 6, ch. 5), regulating the time 
 a railroad may require its employees to work, is not made ineffective 
 by the passage of act March 4, 1907, ch. 2939, U Stat., 1415 (U. S. 
 Comp. St., Supp., 1907, p. 913), similar in substance, but not to be- 
 come operative till March 4, 1908, since legislation is not effective for 
 any purpose until it becomes operative.
 
 HOURS OF SEBVICE OF RAILWAY EMPLOYEES. 35 
 
 WISCONSIN. 
 
 [Supreme Court. SeptoiiilxT. ir»08.] 
 
 Synopsis of Decision. 
 
 The statute of "Wisconsin prohibit inj>j a raih-oad operated in wlioh' 
 or in part in that State to require or permit a train dispatcher to 
 remain on duty for more than one period of ei^ht consecutive hours 
 so reguhites interstate commerce, intentionally or by necessary effect, 
 that it invades the commerce clause of the Federal Constitution and 
 can not stand. 
 
 Such statute is also void because in conflict with the federal hours 
 of service act, which is declared constitutional. 
 
 Any attempt to separate interstate from domestic commerce in the 
 operation of trains and the reji^idation thereof by the dispatchers 
 would result in great danger, delay, interference, and expense to in- 
 terstate commerce. Hardly any act of a train dispatcher on a busy 
 railroad can be conceived which does not affect both interstate and 
 domestic commerce. He can not move or stop the most distinctively 
 local train without affecting the interstate train, or vice versa. No 
 extra or special can be put on the division without adjustment of 
 other trains. Of course, also, every interstate train carries some 
 purely intrastate trade or passengers. Division of authority over 
 these subjects would be fraught with great perils and delays to both 
 kinds of transportation. 
 
 The federal hours of service act is a clear declaration by Congress 
 of a will and policy that, so far as the regulation and safeguarding 
 of interstate commerce might properly be affected by prescribing 
 hours of labor for such employees, the subject should be under the 
 control of Congress and not of state legislatures. That act also de- 
 clares a policy that interstate railroads should have a reasonable 
 time in which to adjust their business to the new restrictions by post- 
 poning the date when the law should become operative; and a state 
 provision changing the time for such preparation and adjustment is 
 in direct conflict with the policy of Congress.
 
 36 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 
 
 Hours of service of railway empUyyees — Regulations in the several States. 
 
 
 Hours 
 
 on duty. 
 
 Hours 
 9flduty. 
 
 Penalty. 
 
 Citation. 
 
 
 State. 
 
 ll 
 
 g 
 
 2 
 
 1 
 o 
 
 ^1 
 
 §1 
 
 It 
 
 2 
 o 
 
 +» 
 
 o 
 
 ii 
 
 1 
 
 i 
 
 1 
 
 Remarks. 
 
 
 
 
 
 
 
 
 
 No law. 
 
 
 16 
 8 
 
 16 
 16 
 
 9 
 16 
 
 9 
 
 8 
 
 150- $300 
 100- 500 
 
 
 Laws of 1903, p. 53.... 
 
 Emereencv clause. 
 
 
 
 Laws of 1907, p. 656.. Emereencv clause. 
 
 California 
 
 
 See also 1904 Stat., 
 p. 1381. 
 
 U nconsti tutional. 
 
 No law. 
 Emergency clause. 
 
 
 18 
 8 
 
 18 
 
 8 
 
 8 
 
 100- 300 
 1,000 
 
 $100-«300 Laws of 1891, p. 284 . . . 
 
 
 1.000 Laws 1907. DD. 851-852. Emereencv clause. 
 
 
 
 
 
 
 
 12-hour limit for 
 "day-only" sta- 
 tions. 
 No law. 
 
 District of Colum- 
 bia. 
 
 Florida 
 
 9 
 13 
 
 16 
 
 13 
 13 
 
 8 
 
 8 
 
 8 
 10 
 
 500 
 
 50- 500 
 50- 500 
 
 
 Public No. 274; March 
 
 Emereencv clause 
 
 
 4, 1907. 13-hour limit for 
 "day-only" sta- 
 1 tions. 
 Gen. Stat. 1906, p. 1112. Emergency clause. 
 
 
 
 Code of 1895 
 
 Do. 
 No law. 
 
 Do. 
 Emereencv clause. 
 
 
 
 
 
 Illinois 
 
 
 
 
 
 
 
 
 
 16 
 
 16 
 16 
 16 
 
 8 
 10 
 8 
 
 8 
 10 
 8 
 
 100- 500 
 100- 500 
 100- 200 
 
 
 Acts of 1907, p. 215 
 
 
 in 
 
 
 Laws of 1907 p. 106 .. . Do. 
 
 
 16 
 
 
 Lawsof 1907, p. 453.... 
 
 Emergency clause. 
 
 
 
 Carriers report in- 
 fractions. 
 No law. 
 
 
 
 
 
 
 
 
 
 Do 
 
 
 
 
 
 
 
 
 
 Do. 
 
 
 8 
 
 
 
 
 100 
 
 
 Laws of 1906, p. 834; 
 applies only at sta- 
 tions where 8 pas- 
 senger or 20 freight 
 trains pass daily. 
 
 
 
 
 
 
 
 No law. • 
 
 Michigan 
 
 Minnesota 
 
 Mississippi 
 
 16 
 
 24 
 16 
 
 8 
 
 8 
 8 
 
 50- 100 
 100- .'iOOt 
 
 50-100 
 
 Compiled laws of 1897. 
 Laws of 1907, p. 344. . . . 
 
 Emergency clause. 
 Do. 
 
 
 No law. 
 
 16 
 
 16 
 
 16 
 16 
 
 8 
 8 
 
 8 
 8 
 
 500-1,000 
 100- 500t 
 
 
 Laws of 1905, p. 112... 
 
 Lawsof 1907, p. 6 
 
 Emergency clause. 
 
 
 
 Unconstitutional 
 lor interstate traf- 
 fic. 
 Emergency clause. 
 
 
 
 Law sustained un- 
 til Federal law be- 
 came operative. 
 
 a Or imprisonment or both.
 
 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 37 
 
 Hours nfsmiir nf niihitiii i in nlniiii s — luiii/Iiit inns in Iheaevcral Stales — Continued. 
 
 
 Hours 
 on duty. 
 
 Hours P,.n»ltv 
 oflduty. Penalty. 
 
 CMtetion. 
 
 
 Stato. 
 
 4 . 
 
 2| 
 
 If 
 
 a o 
 
 |6 
 
 2 
 o 
 
 i . 
 
 ■vS 
 
 H 
 
 d 
 
 1 
 
 o 
 
 Corporation or iis 
 agent. 
 
 i 
 
 s 
 
 Remarks. 
 
 Nebraska 
 
 18 
 
 8 
 
 18 
 
 8 
 
 8 
 
 50- aoo 
 
 100 
 
 
 Cobbey's Comp. Stat. 
 1907, pp. 1800-1810. 
 
 Acts of 1007... 
 
 Emergency clause. 
 Minors not al- 
 lowed in charge of 
 signal and tele- 
 graph towers be- 
 tween 7.00 p. m. 
 and 7.00 a. m. 
 
 
 100 
 
 New Hampshire. . . 
 
 
 
 
 
 No law. 
 
 New Jersey 
 
 
 
 
 
 
 
 
 Do. 
 
 New Mexico 
 
 
 
 
 
 \ 
 
 
 
 Do. 
 
 New York 
 
 8 
 8 
 
 16 
 15 
 
 10 
 16 
 
 16 
 15 
 
 16 
 16 
 
 8 
 8 
 
 8 
 
 8 
 8 
 
 100 
 <>500 
 
 100-1,000 
 500-1,500 
 
 100 
 
 Laws of 1907, vol. 2, 
 
 p. 14*)9. 
 LaW8o{1907, p. 665... 
 
 Laws of 1907, p. 337... 
 Bates's Anuot. Stat., 
 
 vol. 2, 1787-1908, p. 
 
 1898. 
 
 Emergency clause. 
 
 Emei^ncy clause. 
 Corporation com- 
 mission may ex- 
 tend hours of tele- 
 graph operators. 
 
 Emergency clause. 
 
 North Carolina 
 
 North Dakota 
 
 Ohio 
 
 
 Do. 
 
 Oklahoma 
 
 
 No law. 
 
 Oregon 
 
 14 
 
 14 
 
 10 
 
 10 
 
 100- 500a 
 
 
 Qen. Laws 1907, p. 286. 
 
 Emergency clause. 
 
 Pennsylvania 
 
 
 No law. 
 
 Rhode Island 
 
 
 
 
 
 
 
 
 Law for street rail- 
 
 South Carolina 
 
 
 
 
 
 
 
 
 ways only. 
 No law. 
 
 South Dakota 
 
 16 
 
 16 
 
 10 
 
 10 
 
 100-1,000 
 
 
 Laws of 1907, p. 456.... 
 
 Emergency clause. 
 
 Tennessee 
 
 
 No law. 
 
 Texas.... 
 
 14 
 
 14 
 
 8 
 
 8 
 
 ao(v-i,ooo<> 
 
 
 Oen. Laws 1907, p. 113. 
 
 Emergency clause. 
 
 Utah 
 
 
 No law. 
 
 Vermont 
 
 
 
 
 
 
 
 
 Do. 
 
 Virginia 
 
 
 
 
 
 
 
 
 Do. 
 
 Washington 
 
 16 
 8 
 
 8 
 
 16 
 
 8 
 
 8 
 
 100-1,000 
 100- 300 
 
 100-1,000 
 
 
 Laws of 1907, p. Z'i .... 
 .\ctsol 19117, p. 248... 
 
 Laws of 1907, pp. 40^ 
 407. 
 
 Eiiiergency claiLse. 
 
 West Virginia 
 
 
 Emergency clause. 
 
 Wisconsin. . 
 
 16 
 
 16 
 
 8 
 
 
 May contract for 
 12 hours. 
 Emergency clause. 
 
 Wyoming 
 
 
 Unconstitutional 
 as to telegra- 
 phers; Inspectors 
 employed for en- 
 foroemf-nt. 
 No law. 
 
 
 
 
 
 
 
 
 
 
 oOr imprisonment or both. 
 
 t> In discretion of court. 
 
 c Telegraphers; 1,000-5,000.
 
 38 HOURS OF SERVICE OF RAILWAY EMPLOYEES. 
 
 Provisions ofemergenq/ clause in State regulations. 
 
 state. 
 
 Arizona. 
 
 Arkansas 
 
 Colorado 
 
 Connecticut. 
 
 District of Columbia. . 
 Florida 
 
 Georgia. 
 Indiana. 
 Iowa 
 
 Kansas. 
 
 Michigan. 
 
 Minnesota. 
 
 Missouri. 
 
 Montana. 
 
 Nebraska. 
 
 New York. 
 
 North Carolina. 
 North Dakota.. 
 
 Ohio... 
 Oregon. 
 
 Emergencies provided for. 
 
 Casualty or actual neces- 
 sity. 
 
 Wrecks or washouts 
 
 Casualty 
 
 Sickness, death, wrecks, 
 or washouts. 
 
 Casualty or unavoidable 
 accident, or act of God. 
 
 Casualty or other cause. . . 
 
 Employees embraced. 
 
 All employees. 
 
 South Dakota. 
 
 Texas I Casualty 
 
 do 
 
 Casualty 
 
 Accident, wreck, una- 
 voidable casualty, fiist 
 freight. 
 
 Washout, wreck, or una- 
 voidable blockades. 
 
 Unavoidable accident or 
 delay. 
 
 Protection of life or projv 
 erty, accident, wreck, 
 or other unavoidable 
 delay. 
 
 Accident or casualty 
 
 Train men only 
 
 AU employees 
 
 Telephone and telegraph 
 
 operators. 
 All employees 
 
 Limit to hours of service 
 prescribed in emergen- 
 cies. 
 
 Train-operating employ- 
 ees. 
 
 do 
 
 All employees 
 
 Employees connected 
 with movement of roll- 
 ing stock. 
 
 All employees 
 
 Trcdn men only . 
 
 Employees connected 
 with movement of roll- 
 ing stock. 
 
 All employees. 
 
 Accident, storms, wrecks, 
 washouts, snow block- 
 
 do 
 
 
 ades, or any unavoid- 
 
 
 able delay. 
 
 
 Casualty or unavoidable 
 emergency. 
 
 do 
 
 
 Accident, fire, flood, or 
 
 Telephone and telegraph 
 
 danger to life and prop- 
 
 operators and signal 
 
 erty. 
 
 men. 
 
 Accident or delay result- 
 ing therefrom. 
 
 All tndn men 
 
 
 Wrecks, washouts, or act 
 
 Train-crew men 
 
 of God. 
 
 
 Casualty, storms, wrecks, 
 
 Employees connected 
 
 washouts, snow block- 
 
 with movement of roll- 
 
 ades, or unavoidable 
 
 ing stock. 
 
 delay. 
 
 
 Accident, unavoidable or 
 
 All employees 
 
 otherwise. 
 
 
 Fires, \^-^ecks, or wash- 
 
 do 
 
 outs, or other unavoid- 
 
 
 able delays. 
 
 
 Any casualty 
 
 Any employee connected 
 with movement of any 
 
 
 
 train. 
 
 Casualty 1 
 
 All employees 
 
 Not to exceed 16 hours in 
 a day of 24 hours. 
 
 Operators may remain on 
 duty 4additional hours 
 
 Train crews permitted to 
 remain on duty until 
 nearest terminal or di- 
 \ision point is reached.
 
 HOURS OF SERVICE OP RAILWAY EMPLOYEES. 39 
 
 Provisions of emergency clause in State regulations — Continued. 
 
 State. 
 
 Emergencies provided for. 
 
 Employees embraced. 
 
 Limit to hours of service 
 prescribed in emergen- 
 cies. 
 
 Washington.. 
 
 Casualty, accident, or un- 
 avoidable delay. 
 
 Sickness of operator or ac- 
 cident on road. 
 
 Casualty or unavoidable 
 accident, or the act of 
 God. 
 
 rftsiiftUy, , 
 
 Employees connected 
 with movement of any 
 train. 
 
 Telephone and telegraph 
 operators. 
 
 Railroad employees 
 
 Telegraph operators 
 
 
 West Virginia 
 
 
 
 any 24 consecutive, for 
 2 days. 
 
 
 
 any 24, nor for a lonRcr 
 period of 3 da>'s of 12 
 hours each. 
 
 o