necessary for carrying out its purpose shall be raised in such manner as may be provided by the by-laws." The rules formulated set forth that it is contemplated that for the consideration of the contribution paid monthly by the members of the association, a home and medical attendance for sick and injured members will be provided. The rules sent out to employees upon the organization of the association are in part as follows:

The Employees' Hospital Association of the Frisco Line, having agreed to furnish necessary medical, surgical and hospital treatment to such employees of the St. Louis & San Francisco Railroad System as may become sick or injured while in the service of said companies, and to erect and maintain a hospital for the use of such sick and injured, and the employees of said system having agreed to contribute to a fund to be paid to said hospital association, to be used and expended by the association for such purpose, the following rules for the guidance of employees are hereby promulgated:

(3) Heads of departments and foremen will be furnished with blank certificates, and will issue them properly signed to such employees as are entitled to the benefit of the hospital association, and every employee receiving such certificate will be entitled to receive from the head of his department free transportation over the company's lines to the hospital, which, in case of emergency, when delay may be dangerous, will be provided by telegraph on application to the proper officer. These certificates are good only in the month for which they are issued.

(4) The company hereby donates to the hospital association the use of its telegraph lines to facilitate the care and treatment of sick or injured employees, and therefore all persons in the service of said companies, and all others are hereby notified that no bills for medical or surgical services, nursing, drugs or funeral expenses, will be paid by these companies unless first authorized by the general claim agent.

(5) In every case of personal injury to an employee, the conductor or foreman of the department in which the party is employed must report particulars as soon as possible by wire to division superintendent or head of department in which the accident occurs. State whether a surgeon has been summoned to attend, and if so, give such surgeon's name, and state further whether the injured man will be transported to general hospital. It will be the duty of the above officers to see that such telegraphic advice is promptly given them, and they will at once telegraph full particulars to superintendent, chief surgeon, and general claim agent.

(13) The persons who have been, or may hereafter be, appointed by the hospital association chief surgeon, assistants, hospital dispensary division and local surgeons and physicians, are hereby appointed chief surgeon, assistants, division and local surgeons and physicians, as the case may be, of the St. Louis & San Francisco Railroad Company, and its leased and operated lines (while they hold such positions in connection with said hospital association), for the care and treatment under the rules above established of all passengers, citizens and nonemployees, who may be injured on the line of this company, and as such will be respected and assisted in the discharge of their professional duties when called upon.

Following are extracts from a circular signed by the vice-president and general manager of the company:

Patients received at the hospital will be provided free of charge, with everything necessary for their careful and comfortable treatment, including the services of the hospital surgeons or physicians, so long as they require surgical or medical attention and obey the rules established for their protection, but not longer than one year, without special authority from the trustees. For the purpose of carrying into effect the above system, and to enable all the employees to become members of and entitled to all the benefits and privileges of said association, notice is hereby given to all concerned that, commencing with the wages for month of July, 1899, which are payable in August, an assessment will be made on the pay rolls (including salary vouchers), as follows: [Then follow the rates of assessment.] This company will pay to said hospital fund as an assessment the sum of five hundred dollars annually, in monthly installments. All employees of the St. Louis & San Francisco Railroad System are entitled to hospital benefits under such rules and regulations as may be established for the government of the hospital. Rules and regulations governing the disposition and treatment of ill and injured employees will be issued and all employees should become familiar with those regulations, as they are established for the benefit of all. The surgeons and physicians of the St. Louis & San Francisco Railroad Company, will, on and after August 1, 1899, be under the control and direction of the chief surgeon of the hospital association, and all ill or injured employees will, on and after that date, be under the care and treatment of the hospital association. B. F. YOAKUM,

Vice-President and General Manager. Having set forth the facts, Judge Graves, who announced the opinion of the court, said:

From this circular it appears that no option is left an employee; but, on the other hand, defendant appropriates a certain amount of his wages and furnishes him medical treatment. From oral evidence it appears that the officers of this hospital association were officers of the defendant; the treasurer was the same; the employees made no formal application for admission as members, but only signed pay rolls with the deductions made as provided for in the foregoing documents.

We have set out this evidence, perhaps, in more detail than should have been done, but the relationship between these two corporations is an important one, and not confined to this case alone. To our mind it is immaterial as to the true character of the hospital association as indicated by its charter provisions. It has, however, but few, if any, of the earmarks of a voluntary benevolent association. Nor are there any earmarks of a public charity. What is received is paid for by the recipients. Under the weight of authority it can not be held to be a charitable institution. [Cases cited.] So that the rule that exempts such institutions from liability does not apply. Nor are institutions of the character of the one disclosed by this record exempted from liability by the mere employment of competent servants. They must go further and competently treat the patients received. In such case they occupy the position of ordinary

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physicians and surgeons and are bound by the same rules, which are too familiar for repetition here. If they undertake to furnish the treatment, not as a charity, they stand in no different light from the ordinary physician. But this question is really beside the issues in this case. No one can read this record without concluding that, if the thin corporate shell of the hospital association is broken, the yolk therein contained is the defendant. By rule 1, defendant exempts certain mail carriers from assessment, and excludes them from benefits. By rule 3, the heads of the departments and the foremen of the defendant are furnished with blank certificates, which they fill and issue to employees entitled to receive benefits, and such heads of departments and foremen, the alter ego, of defendant, thus decide who shall be treated by the hospital association. By rule 5, the defendant's chief surgeon and general claim agent must be notified, and by rule 6, if the employee injured can be moved to the hospital, the chief surgeon and general claim agent must be notified. Why notify the general claim agent of defendant, if the two corporations were separate and distinct entities, in fact? That the hospital association is operated for the benefit of defendant as much or more than for the benefit of the employees is too apparent from this record. But, beyond all is rule 13, which makes the chief surgeon, and other surgeons of the hospital association, the chief surgeon and the local and division surgeons of the defendant. Eliminating all other matters, this rule 13 makes the chief surgeon and other surgeons the agent and employees of the defendant. But further showing that the hospital association, or its several surgeons, is but the alter ego of defendant, we have circular No. 35, supra, by which defendant says to all employees that they will be assessed to pay for this medical attention. No option is given an employee. By force of this rule, defendant says to an employee: "We will take so much of your monthly earnings, and in the event you are hurt or become sick, and in the judgment of the heads of the departments and the foremen in our employ you are entitled to medical treatment, we will furnish it to you through the hospital association." So that it becomes unnecessary in this case to break the extremely thin and attenuated corporate shell of the hospital association, and expose to open view the yolk therein contained. The hospital association, whether it in fact be a separate corporate entity, or in fact the defendant itself, masquerading under an assumed name, is at least the agent and employee of the defendant to perform these particular services. The defendant pays its said agent $500 annually, and in addition it requires of its employees that they pay to it the remainder, and by it such sum is paid to the agent for these services. To say the least, this hospital association, together with all its surgeons and physicians, are but agents of defendant, and made so by express words in rule 13, supra. The negligence of these agents is the negligence of the defendant. As said in the case of Orcutt v. Century Bldg. Co., 201 Mo. 424, 99 S. W. 1062, 8 L. R. A. (N. S.) 929, the defendant holds the purse strings of the hospital association. Not a dollar does it get save through defendant. Defendant pays for itself $500, and the remainder is paid by the tribute which defendant levies upon its employees, which is collected and paid through defendant. The hospital system is a worthy one, and a well-taken, advance step; but, under the record in this case, such hospital association is but the agent of the defendant.

LAWS OF VARIOUS STATES RELATING TO LABOR, ENACTED SINCE JANUARY 1, 1904.

[The Tenth 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, 1904. Later enactments are reproduced in successive issues of the Bulletin beginning with Bulletin No. 57, the issue of March, 1905. lative index of these later enactments is to be found on page 633 et seq. of this issue.]

OREGON.

ACTS OF 1907.

CHAPTER 53.-Accidents on railroads.

A cumu

SECTION 56. Every railroad shall, whenever an accident attended with loss of human life or limb, or with serious injury to person or property, occurs within this State upon its line of road or on its depot grounds or yards, give immediate notice thereof to the commission, stating the particulars thereof: Provided, That neither said report nor any part thereof shall be used as evidence or used for any purpose against such railroad so making such report in any suit or action for damages growing out of any matter mentioned in said report. In the event of any such accident the commission, if it deem the public interest requires it, shall cause an investigation to be made forthwith, which investigation shall be held in the locality of the accident, unless, for greater convenience of those concerned, it shall order such investigation to be held at some other place, and said investigation may be adjourned from place to place as may be found necessary and convenient. The commission shall seasonably notify an officer or station agent of the company of the time and place of the investigation. The cost of such investigation shall be certified by the commission and the same shall be audited and paid by the State in the same manner as other expenses are audited and paid.

Filed in the office of the secretary of state February 18, 1907.

CHAPTER 143.-Hours of labor of employees on railroads.

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 (10) or more consecutive hours on duty, to go again on duty until he has had at least ten (10) 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 (14) 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 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 operation 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 conviction thereof shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail not less than six months nor more than one year, or by both such fine and imprisonment.

Filed in the office of the secretary of state, February 25, 1907.

CHAPTER 157.—Examination and licensing of barbers.

SECTION 1. Section 4 of an act to regulate the pursuit, business, art and avocation of a barber, is hereby amended to read as follows:

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*

Section 4. No person shall be permitted to pursue the business, art or avocation of a barber within the State of Oregon, nor be entitled to registration as a registered barber in this State, unless he shall have followed the occupation of a barber for at least three years, either as an apprentice or barber, or as apprentice and barber; any person

desiring to obtain a certificate under this act shall make application in writing to the State Board of Barber Examiners in the manner prescribed by said board, such application must be verified by the oath of the applicant; the applicant shall with his application pay to the treasurer of the State Board of Barber Examiners a fee of $5, and shall present himself at the next regular meeting of the board for the examination of applicants, whereupon said board shall proceed to examine such person, and if satisfied that such applicant is qualified to practice the business, art and avocation of a barber, his name shall be entered by the board upon the register kept by them: Provided, That whenever it shall appear that the applicant has acquired his knowledge of the barber business in a barber school or college, the board shall be the judges as to whether or not such barber school or college is properly appointed and conducted so as to give sufficient training in such business; and the State Board of Barber Examiners and each member thereof is hereby authorized at all reasonable times during business hours to visit any and all barber schools or colleges in this State for the purpose of seeing whether or not students in such barber schools or colleges are receiving proper instruction and training, and to see that no provision of the law relating to the pursuit, business, art and avocation of a barber is being violated in any such school or college, and to see that such schools and colleges are conducted and managed in a skillful, cleanly and sanitary way. It shall be the duty of every proprietor, instructor or person in charge of every barber school or college in this State to keep posted in at least two conspicuous places in such barber school or college, so that the same may be seen and read by all students therein, copies of the by-laws of the said State Board of Barber Examiners and the rules and regulations governing barber shops, schools and colleges in the State of Oregon, adopted by the said board and in force in this State: Provided, also, That it shall be in the discretion of the said board to allow the time spent by any person in any barber school or college in this State to apply on the time required to be spent in following the occupation of a barber to entitle a person to registration under the act; and the said board is hereby empowered to adopt and prescribe reasonable rules and regulations governing the equipment and conducting of any barber school or college within the State of Oregon. A neglect or failure of the manager or person in charge of any barber school or college in this State to post and keep posted in at least two conspicuous places in such barber school or college, the by-laws of the State Board of Barber Examiners and the rules and regulations governing barber shops, schools and colleges in the State of Oregon, adopted by said board and in force in this State, shall be sufficient reason for the revocation by said board of the certificate of registration of any registered barber in charge of or giving instruction in any such barber school or college in the manner provided in section 8 of said act, and any violation of any of the rules and regulations governing barber shops and colleges in the State of Oregon adopted by the State Board of Barber Examiners and in force in this State by the person in charge of, or any instructor in any barber school or college in this State, shall be sufficient reason for the revocation by said board of the certificate of registration as a registered barber of the person guilty of such violation in the manner provided in section 8.

All persons making application under the provisions of this act shall be allowed to practice until the next regular meeting of the board.

Filed in the office of the secretary of state, February 25, 1907.

CHAPTER 158.-Factories and workshops-Inspection, etc.

[See Bulletin No. 73, pp. 942-945.]

CHAPTER 161.-Hours of labor of employees in mines.

SECTION 1. No person who operates any underground mine yielding gold or silver or copper or lead or other metal shall permit or require any person to work in such underground mine for more than eight hours in any twenty-four hours and the hours of employment in such employment or work day shall be consecutive, excluding, however, any intermission of time for lunch or meals; but, in the case of emergency, where life or property is in imminent danger, persons may work in such underground mines for a longer time during the continuance of the exigency or emergency. This act shall not apply to mines in their first stages of development, such as tunnel work to a length of 200 feet, or shaft work to a depth of 150 feet, or to any surface excavation. SEC. 2. Any person, persons, body corporate, general manager or employer who shall violate or cause to be violated any of the provisions of section 1 of this act, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty ($50) dollars, nor more than three hundred ($300) dollars, or by imprisonment of not less than 30 days, nor more than three months. And the court shall have discretion to impose both fine and imprisonment as herein provided. Filed in the office of the secretary of state, February 25, 1907.