BOOTH
District Judge (after stating the facts as above).
The
statute in question reads as follows:
'Chapter
514-- H.F. No. 143.
'An
act requiring railroads, car shops and other concerns
manufacturing or repairing cars, car trucks, and other
equipment used as conveyances by rail, for either freight
or passengers, and other equipment used in repair work or
otherwise, and operated by railroad companies, to provide
buildings that will protect their employes from heat, rain,
cold, snow, and other inclement weather.
'Be
it enacted by the Legislature of the State of Minnesota:
'Section
1. Buildings for Employes.-- That every person, firm,
copartnership, corporation, or receiver thereof, engaged
in the construction or repairing of railroad cars, car
trucks, or other equipment used for conveyance by rail,
shall erect and maintain a building or buildings at every
station or point where there are as many as six (6) men
employed at one time for a period of not less than thirty
(30) days, on the work of construction or repairing of
such cars, car trucks, or other such equipment; the
building or buildings to cover a sufficient portion of
the repairing or construction company's yards or
tracks so that all employes engaged in such work shall be
protected from heat, rain, cold, snow, or other inclement
weather, while working at such work.
'Sec.
2. Application.-- The provisions of this act shall not
apply to the repairing of conveyances while the same are
on route as part of a train, nor shall it apply to cars
loaded with live stock or perishable freight, where
trains are being held for the movement of said cars.'
Section 3 of chapter 514, General Laws 1919, as amended by
chapter 481, Session Laws 1921:
'Sec.
3. Specifications. All buildings to be erected hereunder
shall substantially comply with the following
specifications:
'In
buildings that cover more than one track the distance
between the inside rails of each track shall not be less
than twelve lineal feet. Between the walls of the building
and the outside rails there shall be a distance of ten
lineal feet, except that where buildings have been
constructed prior to January 1, 1921, the distance between
the walls thereof and the outside rails shall not be less
than seven and one-half feet. The building or buildings
shall not be less than twenty feet high at the eaves. Each
building shall be enclosed from roof to ground and shall
have glass windows on each side with a space of not to
exceed twelve feet apart. The side windows shall not be
less than nine feet high, and not less than four feet wide.
Windows shall be in three sections and sections shall be
provided with pivoted or sliding sash. The buildings shall
be equipped with side and end doors. The end track doors
shall be not less than six feet wide and sixteen feet high,
and there shall be two such doors for each repair track
covered by the building. Side doors shall be provided for
each side of building. The size of said doors shall be
great enough to allow the convenient handling of the larger
materials required to be taken into said building. The roof
shall be provided with a cupola the entire length of the
building, and be equipped with side windows of not less
than three feet in width and six feet in height, having
pivot and opening device that shall be at all times
operative. One cupola or monitor shall be provided for each
building that contains not to exceed four repair tracks.
For buildings inclosing more than four tracks, skylights
shall be provided to insure adequate light over each car,
that men are required to work on. In lieu of above cupola,
monitors and skylights, sawtooth roof construction may be
used or monitors crosswise of the buildings to provide
adequate light and ventilation. The buildings shall be
equipped with necessary heating facilities, and shall at
all times have drainage that will keep them in clean and
sanitary condition. They shall be equipped with sanitary
drinking fountains where clean wholesome drinking water can
be obtained. A sufficient number of sanitary lavatories
shall be provided for said employes and sanitary toilets
shall be provided and kept properly clean, ventilated and
free from odor, as required by chapter 491 of the General
Laws of 1919, sections 9, 10, 11, and 12. All scaffolding
used in such buildings shall be made of clear lumber free
of all knots, and shall be kept in first-class condition at
all times. The use of paint spraying machines shall not be
permitted inside such buildings. it shall be the duty of
the Railroad and Warehouse Commission to determine as soon
as practicable what portion of the repair or construction
tracks of each railroad in the state it shall be necessary
to cover with such building or buildings in order to comply
with section one hereof, and said commission shall
thereupon make an order as to each railroad in the state
specifying the size of the building or buildings necessary
at each location where such repair or construction work is
carried on, and it shall thereupon be the duty of each
railroad company to forthwith erect such buildings and have
all the same ready for occupancy not later than September
1, 1922. The Railroad and Warehouse Commission may, upon
application made, after a thorough investigation, permit
any person, firm or corporation subject to the provisions
of this act, to deviate from the specifications and
requirements hereinbefore provided for, when, in the
judgment of said commission, a strict compliance with the
provisions herein would be impracticable or unnecessary.
Provided, that any employe who while engaged in the
performance of his duty is required or permitted to ride on
the top or side of a car in putting the car or cars into or
taking them out of any such building, may be injured or
killed by reason of any structure or obstruction or any
part or portion of said building having been placed or
built in closer proximity to the tracks upon which said
cars are being moved, than eight feet from the center of
said tracks or twenty-one feet from the tops of the rails
thereof, shall not be deemed to have assumed the risk
thereby occasioned or to have been
guilty of contributory negligence, although such employe
continued in the employ of the person, firm or corporation
using said tracks, after the location of such obstruction
or portion of said building shall have been brought to his
knowledge and the exercise of permission from the Railroad
and Warehouse Commission as provided for herein, shall be
at the sole risk of the employer and owner of said
building.
'Sec.
4. Employes Not Required to Work in Rain, Heat, Cold or
Snow.-- Where any such buildings are maintained, it shall
be unlawful for any employer to require men so employed to
work outside of such buildings in rain, heat, cold, snow,
or other inclement weather.
'Sec.
5. Violation a Misdemeanor.-- Any person, firm,
copartnership, corporation, or receiver thereof, violating
any of the provisions of this act, shall be guilty of a
misdemeanor, and upon conviction thereof, shall be liable
for a penalty of not less than one hundred dollars
($100.00), nor more than five hundred dollars ($500.00),
for each offense, and the failure to provide a building or
buildings as hereinbefore required, shall constitute a
separate offense for every day or part of the day while
such failure continues, and such penalty shall be recovered
in a suit brought in the name of the state of Minnesota, in
any court having jurisdiction thereof, by the attorney
general of the state, or at his direction. All fines and
penalties recovered by the state under this act shall be
paid into the treasury of the state of Minnesota.
'Sec.
6. Effective September 1, 1920.-- This act shall take
effect and be in force on and after September 1, 1920.
'Approved
April 25, 1919.'
At the
outset it is contended by the defendants that the court has
no jurisdiction of the suit, inasmuch as equity will not
undertake to enjoin the enforcement of a criminal statute
and, further, that the plaintiff has an adequate remedy at
law. These contentions cannot be sustained. Though a court of
equity has in general no power to enjoin criminal proceedings
or to prohibit the enforcement of an unconstitutional
criminal law (In re Sawyer, 124 U.S. 200, 8 Sup.Ct.
482, 31 L.Ed. 402; Davis & Farnum Co. v. Los
Angeles, 189 U.S. 207, 23 Sup.Ct. 498, 47 L.Ed. 778),
yet where...
