The list is as follows: Alaska.-Acts of 1919, ch. 29, sec. 8. California.-Pol. C., sec. 2671. Georgia.-Pol. C., sec. 670. Idaho.-C. S., sec. 1344. Louisiana. Acts of 1902, No. 213. Montana.-R. C., sec. 1620. Nevada.-R. L., sec. 3718. North Carolina.-Con. S., sec. 8004. Pennsylvania.-Statutes, secs. 4817, 20728. Washington.-Acts of 1921, ch. 174. Wyoming.-C. S., sec. 2558. EMPLOYERS TO FURNISH NAMES OF EMPLOYEES TO TAX OFFICIALS In line with the foregoing legislation is a method adopted in a few States, by which employers are required to furnish the names of their employees to officials of the county, etc., for purposes of taxation. This also is a tax measure rather than a labor law, but imposes a certain duty upon the employer because of his status. The law of Alaska refers to school taxes only, that of Montana, South Carolina, and Wyoming only to road taxes, the laws of the other jurisdictions being more general in their application. The list of laws of this class is as follows: Alaska.-Acts of 1919, ch. 29, sec. 8. Idaho.-C. S., sec. 8384. Montana.-R. C., sec. 1619. North Carolina.-Con. S., sec. 8004. Washington.-Acts of 1921, ch. 174. INTOXICATION, NEGLIGENCE, ETC., OF EMPLOYEES Several States have laws penalizing the negligence of employees, especially where such negligence involves danger to the public. The common-law liability of the employer for his employee's negligence is not affected, but there is usually a definite penalty attached to the specific act which is enforceable against the employer; while in some cases criminal proceedings against the employee are authorized. INTEMPERATE EMPLOYEES—INTOXICATION Laws penalizing employers for having in their service as drivers of public conveyances persons addicted to drunkenness are found in the States named below. The laws also generally require immediate discharge of a driver on complaint of his intoxication. California.-Pol. Code, secs. 2932, 2933. Nebraska.-C. S., secs. 2771, 2772. New Jersey.-C. S., p. 5652, sec. 9. New York.-Con. L., ch. 25, secs. 322, 323. Oklahoma.-R. L., sec. 7637. Oregon.-Laws, secs. 2253-3, 2253-4. Wisconsin.-Statutes, secs. 85.19, 85.20. Similar laws relative to employees on railroads are found in— Michigan.-C. L., sec. 8294. New York.-Con. L., ch. 40, sec. 1913. Vermont.-G. L., secs. 5252, 5253. The following-named sections of State laws relate to common carriers and provide penalties on the employees themselves for their intoxication, and may also declare them liable for damages incurred by reason of such intoxication: Alabama.-Code, sec. 4628. Arizona.-R. S., P. C., sec. 398. California.-Penal C., secs. 369f, 391. Connecticut.-G. S., sec. 6191. Florida.-R. G. S., sec. 5574. Idaho.-C. S., sec. 8349. Indiana.-A. S., sec. 5301. Maine.-R. S., ch. 57, sec. 64. Nevada.-R. L., secs. 3564, 6583. New Mexico.-A. S., sec. 4714. New York. Con. L., ch. 40, sec. 1984. Oklahoma.-R. L., sec. 2537. Porto Rico.-P. C., sec. 344. South Dakota.-R. C., sec. 3987. Utah.-C. L., sec. 8202. Virginia.-A. C., sec. 4722. Washington.-C. and S., sec. 2527 (am. 1915, ch. 165). More general than the above are laws applicable to employees of common carriers, penalizing the racing of steamboats, creating an unsafe amount of steam in boilers, violating rules, or willfully omitting the performance of duty whereby life or safety is endangered or property destroyed. Such conduct is a misdemeanor, and is punishable as such, or by a special penalty; while if actual personal injury results the offense may be a felony. Laws of this class are found in most jurisdictions, as follows: Arizona.-R. S., secs. 382, 400. Arkansas.-Digest, sec. 2363. California.-Penal Code, secs. 348, 349, 368, 369, 393. Connecticut.-G. S., sec. 6191. Florida.-R. G. S., sec. 5573. Georgia.-Penal Code, sec. 117. Idaho.-C. S., secs. 8337, 8338, 8351. Kansas.-G. S., secs. 3383, 3384. Maine.-R. S., ch. 57, sec. 65; 120, sec. 6. Massachusetts.-G. L., ch. 160, secs. 230, 231; 265, secs. 30, 31. Michigan.-C. L., secs. 5389, 5395, 5396. Minnesota.-G. S., secs. 8614, 8616, 8617, 8777, 8778. Mississippi.-Code, secs. 1241, 1242, 1341, 1354. Missouri.-R. S., sec. 3244. Montana.-R. C., secs. 11195, 11229, 11230, 11255. Nevada.-R. L., sees. 6408, 6585, 6587. New Jersey.-C. S., p. 3709, sec. 65. New York.-Con. L., ch. 37, secs. 16, 23; ch. 40, secs. 1052, 1892, 1893, 1894. North Dakota.-R. C., secs. 8821, 8822, 8993, 8994, 9062. Oklahoma.-R. L., sec. 2538. Oregon.-Laws, sec. 1928. Pennsylvania.-Statutes, sec. 18540. Porto Rico.-Penal Code, secs. 325–328 (am. 1916, No. 51). South Dakota.-R. C., secs. 3988, 4027, 4126. Tennessee.-Code, secs. 6475-6478, 6482-6486. Utah.-C. L., secs. 8172, 8175, 8204. Vermont.-G. L., sec. 5254. Washington.-C. and S., secs. 2401, 2529, 2532. Wisconsin.-Statutes, secs. 4357, 4358. The following States make negligence on the part of the operators of steam boilers a misdemeanor, or a felony if serious personal injury or death results: Arizona.-R. S., sec. 349. California.-Penal Code, secs. 349, 368. Idaho.-C. S., sec. 8337. Minnesota.-G. S., sec. 8778. Montana.-R. C., secs. 11195-11198, 11229. Nevada.-R. L., secs. 6408, 6587. New York.-Con. L., ch. 40, secs. 1052, 1891, 1893. North Dakota.-R. C., secs. 8822, 8994. Pennsylvania.-Statutes, sec. 21730. Laws making it unlawful for intoxicated persons to enter mines, or to carry intoxicants into mines are found in several jurisdictions. The employment as hoisting engineers of persons who are addicted to the use of intoxicants is also forbidden in several States. ing are the States having laws on these subjects: Alabama.-Code, sec. 4996. Alaska.-Acts of 1917, ch. 51. Arizona.-R. S., secs. 4074, 4080. Idaho.-C. S., sec. 5509. Illinois.-R. S., ch. 93, sec. 23 (am. 1923, p. 459). Iowa.-Code Supp., sec. 2489-18a. Maryland.-Acts of 1922, ch. 307, sec. 172. Michigan.-C. L., sec. 5557. Montana.-R. C., sec. 3530. Ohio.-G. C., sec. 959 (am. 1910, p. 52). Pennsylvania.-Statutes, sec. 15555. Utah.-C. L., sec. 3921. Wyoming.-C. S., sec. 5890. SABOTAGE AND CRIMINAL SYNDICALISM Follow Laws penalizing criminal syndicalism, which is defined as "the doctrine which advocates crime, sabotage, or unlawful methods of terrorism as a means of accomplishing industrial or political reform," are of recent enactment in the United States. They are classifiable as criminal laws, severe penalties being provided for the commission of forbidden acts; but as they are directed to the regulation of methods of "industrial reform," while sabotage is defined as "malicious damage or injury to the property of an employer by an employee," they must be considered, in some degree at least, as labor legislation. The first statutes of this type were enacted in 1917, Idaho (March 14) antedating Minnesota (April 13) by about a month. The constitutionality of this class of statutes has been challenged, but they have been upheld by various courts. Perhaps the earliest decision was by the Supreme Court of Minnesota in State v. Moilen (April 19, 1918), 167 N. W. 345. The California law was also upheld, People v. Malley, 194 Pac. 48, as well as others. Most of the laws enacted are of a standardized form, of which the Minnesota statute may be accepted as representative. It is as follows: MINNESOTA-ACTS OF 1917 CHAPTER 215.-Criminal syndicalism SECTION 1. Definition.-Criminal syndicalism is hereby defined as the doctrine which advocates crime, sabotage, (this word as used in this bill meaning malicious damage or injury to the property of an employer by an employee) violence or other unlawful methods of terrorism as a means of accomplishing industrial or political ends. The advocacy of such doctrine, whether by word of mouth or writing is a felony punishable as in this act otherwise provided. SEC. 2. Offenses.-Any person who by word of mouth or writing, advocates or teaches the duty, necessity or propriety of crime, sabotage, violence or other unlawful methods of terrorism as a means of accomplishing industrial or political ends, or prints, publishes, edits, issues or knowingly circulates, sells, distributes or publicly displays any book, paper, document or written matter in any form, containing or advocating, advising or teaching the doctrine that industrial or political ends should be brought about by crime, sabotage, violence or other unlawful methods of terrorism; or openly, willfully and deliberately justifies by word of mouth or writing, the commission or the attempt to commit crime, sabotage, violence or other unlawful methods of terrorism with intent to exemplify, spread or advocate propriety of the doctrines of criminal syndicalism, or organizes or helps to organize or becomes a member or voluntarily assembles with any society, group or assemblage of persons formed to teach or advocate the doctrine of criminal syndicalism, is guilty of a felony and punishable by imprisonment in the State prison for not more than five years or by a fine of not more than $1,000 or both. SEC. 3. Assembling.-Wherever two or more persons assemble for the purpose of advocating or teaching the doctrines of criminal syndicalism defined in this act, such an assemblage is uniawful and every person voluntarily participating therein by his presence, aid or instigation is guilty of a felony and punishable by imprisonment in the State prison for not more than ten years or by a fine of not more than $5,000 or both. SEC. 4. Permitting assemblages.-The owner, agent, superintendent, or occupant of any place, building or rooms who willfully and knowingly permits therein any assemblage of persons prohibited by the provisions of section three of this act, or who, after notification that the premises are so used, permits such use to be continued, is guilty of a gross misdemeanor and punishable by imprisonment in the county jail for not more than one year or by a fine of not more than $500 or both. Laws of this type, or embodying similar provisions are found in— Alabama.-Code, secs. 3452-3455. Alaska.-Acts of 1919, ch. 6. Arizona.-Extra session, 1918, ch. 13. California.-Acts of 1919, ch. 188. Hawaii.-Acts of 1919, No. 186. Idaho.-C. S., secs. 8580-8583. Iowa.-Acts of 1919, ch. 382. Kansas.-Extra session, 1920, ch. 37. Michigan.-Acts of 1919, No. 255. Minnesota.-Acts of 1917, ch. 215. Montana.-R. C., secs. 10740-10744. Nebraska.-C. S., secs. 9755-9757. Oklahoma.-Acts of 1919, ch. 70. South Dakota.-R. C., secs. 3644-3647. Washington.-Acts of 1919, chs. 173, 174. Other laws that may be noted in this connection are one of Hawaii, No. 216, acts of 1921, which is addressed to the subject of publications, etc., intended to advocate or incite the commission of acts of violence, sabotage, etc., directed to the intimidation or coercion of persons engaged in lawful business or of the enjoyment of rights of liberty and property. Foreign-language newspapers must file a copy of each and every such paper or printed document in the office of the attorney general; while books, papers, pamphlets, circulars, and the like relating to the Government or laws of the United States or of the Territory of Hawaii, or to the rights of persons or property, or to racial, industrial, or class questions or conditions, shall be filed in the office of the attorney general of the Territory together with a true and correct English translation thereof, and the name or names and addresses of the author or authors and of the publisher; one of Indiana (acts of 1919, ch. 125) which omits the provisions of the standard law as to the formation and encouragement of organizations, and is directed more specifically to the idea of the general strike; and one of Wyoming (acts of 1919, ch. 76), which also omitted reference to organizations, but provides penalties for inciting or encouraging crime as a means of coercion for the accomplishment of political and industrial changes "in any manner or by any means. INDUSTRIAL POLICE The appointment of special police at the request of individuals and corporations for the purpose of the preservation of order in or about specified places or for the protection of property is authorized by law in several States. Such police are to be appointed by the governor or other official, and are usually required to wear a badge bearing the words "Railroad Police," "Steamboat Police," "Coal and Iron Police," or the like, except when engaged in detective service. They are to be paid by the parties requesting their appointment, but are subject to the orders of the State or local authorities. Such persons may or may not be employees of the person or corporation applying for their appointment as police officers. Laws conferring on railroad conductors, etc., the power of making arrests of disorderly persons on their trains, and laws providing for the appointment on motion of the proper authorities of added officers of the peace in time of riot or other disorder are not considered under this head. The provisions of the statute of Connecticut as to the appointment of special officers for the protection of industrial property and the maintenance of order in the vicinity, are here reproduced as representative of this class of laws: |