CONNECTICUT-GENERAL STATUTES SECTION 80. Public service corporations.-The governor may upon the application of any electric, gas, telephone, telegraph, or water company owning, leasing, maintaining, managing, or controlling any property, plant, or equipment, in this State, commission, during his pleasure, one or more persons designated by such company who, having been sworn, may act at the expense of such company as policemen upon the premises used or occupied by such company in its business, or upon any highway adjacent to such premises, for the proper protection of such plant or property, and every policeman so appointed may arrest any person in his precincts for any offense committed therein, and take such person before some proper authority. The superintendent of State police may exercise such supervision and direction over any policeman appointed as herein provided as he may deem necessary. When any commission is issued to any such policeman, or revoked, the executive secretary shall notify the clerk of the superior court of each county in which it is intended that such policeman shall act. SEC. 81. Railroads, etc.-[This section makes identical provision with the above for appointments on the application of railroad, street railway, or steamboat companies, or of corporations owning or having control of the roads in any private residence park.] SEC. 82. Shield.-Every such policeman shall, when on duty, wear, in plain view, a shield bearing the words "railroad police," "street railway police," or "steamboat police," as the case may be, and the name of the company for which he is commissioned. SEC. 357. To be citizens.-No person not a citizen of this State shall be appointed a special constable or policeman. But this provision shall not be construed to prevent the governor appointing any regular employee of any railroad or steamboat company a special officer. The person or other agency procuring the appointment may be made responsible for any abuse of authority; or the appointee may be required to give bond to cover such liability. Following is a list of the States having laws on this subject, with a statement of their application, and the provision for liability, if any: Alabama.-Code, secs. 9993-10003. Railroads and street railways. Governor appoints. Appointees give bond. California.-Penal Code, p. 652. Railroad and steamboat companies. Governor appoints. Employers liable. Connecticut.-Text above. Florida. Acts of 1921, ch. 8539. Common carriers. Governor appoints. Appointees give bond. Indiana.-A. S., sec. 8783. Any person or corporation. public safety appoint. Commissioners of Maryland.-A. C., art. 23, secs. 406-411. Railroad, steamboat, canal, furnace, colliery, or rolling mill corporations. Governor appoints. Massachusetts.-G. L., eh. 159, secs. 89-95. Railroad, street railway, and steamboat companies. Mayor or selectmen appoint. Employers liable. Nevada. Acts of 1921, ch. 163. Railroad companies. Governor appoints. Employers liable. New Jersey.-C. S., p. 369, sec. 4 (am. 1922, ch. 153). way, canal, or steamboat companies. Governor appoints. New Mexico.-Acts of 1921, ch. 141. Bond required and employers liable. Railroad, street rail Railroad companies. Governor appoints. New York.-Con. L., ch. 49, sec. 88 (am. 1924, ch. 668). Railroad and steamboat companies. Superintendent of State police appoints. North Carolina.-Con. S., secs. 3484-3488 (am. 1923, ch. 23). Steam and electric roads, electric, water-power, construction, or manufacturing companies. Governor appoints. Appointees give bond. North Dakota.-R. C., secs. 9750, 9751. Railroad companies. Company appoints. Ohio.-G. C., sees. 9150-9155 (am. 1921, p. 40). Banks, building and loan associations, railroad, street railway, suburban and interurban railroad companies. Governor appoints. Oregon.-Laws, secs. 5969, 5970. Railroad and steamboat companies. Governor appoints. Employers liable. Pennsylvania.-Statutes, secs. 6231-6236. Street railway companies. Mayor or justice of the peace appoints. Secs. 18542-18548. Railroad, coal and iron companies. Governor appoints. Rhode Island-G. L., ch. 134, secs. 1-7. Common carriers. Governor appoints. Employers liable. South Carolina.-Civ. C., secs. 1149–1153. Any industrial corporation. Sheriff appoints. Appointees give bond, which is sole recourse. Secs. 25782581. Common carriers. Governor appoints. Appointees give bond; employers also liable. South Dakota.-R. C., sec. 9720. Railroad companies. Companies appoint and are liable. Vermont.-G. L., sees. 5258-5262. Employers liable. Railroad companies. Selectmen appoint. Secs. Virginia.-Code, secs. 3944, 4025. Railroad and steamship companies. Companies appoint with the approbation of a cireuit or corporation court. 4804, 4805. Manufacturing companies. Circuit court, or judge in vacation, appoints. Appointees give bond. Washington.-Acts of 1915, ch. 118. Steam and electric railroad companies. Governor appoints. Employers liable. ARMED GUARDS In line with legislation authorizing the appointment of special or industrial 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 another form of legislation forbidding the hiring or employing of armed guards for the same purpose, unless they are citizens or residents of the State, or have secured special permits for the purpose. Only nine States have such laws, and no legislation has been enacted since 1913. The law of the State of Colorado on this subject is reproduced herewith as being fairly representative of laws of this class: COLORADO-COMPILED LAWS SECTION 4158. Hiring armed guards.-Any person or persons who shall hire, aid, abet or assist in hiring, through agencies or otherwise, persons to guard with arms or deadly weapons of any kind other persons or property in this State, or any person or persons who shall come into the State armed with deadly weapons of any kind for any such purpose, without a permit in writing from the governor of this State, shall be guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary not less than one year nor more than five years: Provided, That nothing contained in this act shall be construed to interfere with the right of any person, persons, or company, corporation, society, association or organization in guarding or protecting their private property or private interests, as is now provided by law; but this act shall be construed only to apply in cases where workmen are brought into this State, or induced to go from one place to another in this State, by any false pretenses, false advertising or deceptive representations, or brought into this State under arms, or removed from one place to another in this State, under arms. The foregoing is practically the language of the laws of Alaska, Oklahoma, and Tennessee on this subject, being a part of a statute penalizing employment under misrepresentation or fraud. In the other jurisdictions the provision is an independent one and is directed simply to the importation or employment of others than citizens as guards, unless they are regular employees. The following States have laws of this class: Alaska.-Acts of 1913, ch. 36, see. 3. Colorado.-C. L., sec. 4158, Massachusetts.-G. L., ch. 149, secs. 176, 177. Missouri.-R. S., sec. 3484 Oklahoma.-R. L., sec. 3767. Washington.-C. and S., sec. 2775. Wisconsin.-Statutes, sec. 4575b. TRADE-MARKS OF TRADE-UNIONS The laws of 43 States secure to labor organizations the right to register, use, and protect from counterfeit or unauthorized use the trade-marks or labels chosen by them to distinguish the products of union labor from other goods or manufactured articles. The law of the State of Connecticut on this subject is reproduced herewith, as being fairly representative of laws of this class: CONNECTICUT-GENERAL STATUTES SECTION 4815. Imitation: penalty.-Whenever any person, or any association or union of workingmen, has adopted or used, or shall adopt or use, any label, trade-mark, term, design, device, or form of advertisement for the purpose of designating, making known, or distinguishing any goods, wares, merchandise, or other product of labor as having been made, manufactured, produced, prepared, packed, worked upon, or put on sale by such person or association or union of workingmen, or by a member or members of such association or union, and shall have recorded such label, trade-mark, term, design, device, or form of advertisement as provided in section 4816, it shall be unlawful for any person or corporation to counterfeit or imitate such label, trade-mark, term, design, device, or form of advertisement, or to use, sell, offer for sale, or in any way utter or circulate, any counterfeit or imitation of such label, trade-mark, term, design, device, or form of advertisement. Every person willfully and knowingly violating any provision of this section shall be fined not less than $100 nor more than $200 or imprisoned not less than three months nor more than one year or both. SEC. 4816. Label to be filed with secretary.-Every such person, association, or union that has adopted or shall adopt a label, trade-mark, term, design, device, or form of advertisement may file the same for record in the office of the secretary of the state by leaving two copies, counterparts or facsimiles thereof, with the secretary of the state. Said secretary shall deliver to such person, association, or union so filing the same a duly attested certificate of the record of the same. Such certificate of record, or a duly certified copy thereof, shall, in all suits and prosecutions under sections 4815, 4819, 4820, and 4821, be sufficient proof of the adoption of such label, trademark, term, design, device, or form of advertisement, and of the right of said person, association, or union to adopt the same. No label shall be recorded that would probably be mistaken for a label already of record. SEC. 4817. Regulation to be made.-The insignia, flag, ribbon, badge, rosette, seal, button, or emblem of any society, association, labor union, or incorporated club may be filed and registered in the office of the secretary of the State, in the manner and subject to the provisions of section 4816 so far as the same are applicable, and the secretary of the State may make regulations and prescribe forms for such registration. SEC. 4819. Injunction against wrongful use of label.-Every such person, association or union adopting a label, trade-mark, term, design, device or form of advertisement and having duly recorded the same as hereinbefore provided may enjoin the manufacture, use, display or sale of any counterfeit or imitation thereof, or the sale of goods bearing any counterfeit or imitation thereof, either in its identical form or in such near resemblance thereto as is calculated or liable to deceive; and all courts having jurisdiction thereof shall grant injunctions to restrain such manufacture, use, display, or sale, and shall award the complainant in such suit, such damages, resulting from such wrongful manufacture, use, display, or sale, as may by said court be deemed just and reasonable and shall require the defendants to pay to such person, association, or union the profits derived from such wrongful manufacture, use, display, or sale; and such court shall also order that all such counterfeits or imitations in the possession or under the control of any de fendant in such case be delivered to an officer of the court or to the complainant to be destroyed. SEC. 4820. Unauthorized use of label.-Every person who shall use or display the genuine label, trade-mark, term, design, device, or form of advertisement of any such person, association, or union, which shall have been duly recorded as hereinbefore provided, in any manner not authorized by such person, union, or association, knowing that such use or display is not so authorized, shall be fined not less than $100 nor more than $200 or imprisoned not less than three months nor more than one year or both. In all cases where such association or union is not incorporated suits under sections 4815, 4819, and 4821 and this section may be commenced and prosecuted by any officer or member of such association or union, in behalf of and for the use of such association or union. SEC. 4821. Unauthorized use of name or scal.-Every person who shall in any way use the name or seal of any such person, association, or union, or officer thereof, in and about the sale of goods or otherwise, not being authorized so to use the same, and knowing that such use is unauthorized, shall be fined not less than $100 nor more than $200 or imprisoned not less than three months nor more than one year or both. The courts have differed as to the effect of this class of legislation, though its constitutionality has been repeatedly sustained (Cohn v. People (1894), 149 Ill. 486, 37 N. E. 60; State v. Bishop (1895), 128 Mo. 373, 31 S. W. 9; Perkins v. Heert (1899), 158 N. Y. 306, 53 N. E. 18). Whether or not the union label can be classed as a trade-mark rests with the definition given the latter term. In Connecticut, Indiana, Massachusetts, and New York the language of the law defining trade-marks is broad enough to include the union label. In Minnesota (Cigar Makers v. Conhaim, 40 Minn. 243, 41 N. W. 943) it was said that the union label can not be protected as it does not indicate any individual manufacturer nor point distinctly to the origin or ownership of the article to which it is applied. A similar conclusion was reached by the courts of Pennsylvania (McVey v. Brendel, 144 Pa. St. 235, 22 Atl. 912) and Massachusetts (Weener v. Brayton, 152 Mass. 101, 25 N. E. 46), the court in the latter case saying that as the mark or label is not itself property the officers and members of a union could not have an injunction against its unauthorized use. On the other hand, it has been ruled that since the label is a symbol of the reputation of the goods on which it is placed it partakes of the character of property and may therefore receive legislative protection (State v. Bishop, 128 Mo. 373, 31 S. W. 9; People v. Dantuma, 252 Ill. 561, 96 N. E., 1087). In general it may be said that the laws are operative and effective, contentions that they are class legislation or discriminatory being overruled by the courts. Laws on this subject are found in the following States: Alabama.-Codes, secs. 4903, 4904, 8990. Arizona.-R. S., Penal Code, secs. 355–359. Arkansas.-Digest, secs. 10313-10319. California.-Pol. Code, secs. 3200, 3201; Penal Code, secs. 349a-351 (am 1911, ch. 181; 1915, ch. 487). Colorado.-C. L., secs. 4019-4026. Connecticut.-G. S., secs. 4815-4821. Delaware.-R. C., secs. 3476-3483. Florida.-R. G. S., secs. 4995-4998, 5191-5193. Georgia.-Code, secs. 1989-1992. Idaho.-C. S., secs. 2314-2320. Illinois.-R. S., ch. 140, secs. 1-7. Indiana.-A. S., secs. 10453-10463. Iowa.-Acts of 1921, ch. 29. 105446°-25-8 Kansas.-G. S., sees. 11654-11659. Kentucky.-Statutes, secs. 4749-4755. Maryland.-A. C., art. 27, secs. 50-55. Massachusetts.-G. L., ch. 110, secs. 8-15. Michigan.-C. L., secs. 15454-15459. Minnesota.-R. L., secs. 8858-8862. Nevada.-R. L., secs. 4635-4637, 6691-6694. New Jersey.-C. S., pp. 1802, 5643-5648. New York.-Acts of 1921, ch. 50, secs. 208, 209. Ohio.-G. C., secs. 6219-6227, 13102, 13153-13155 (am. 1911, p. 420). Oregon.-Laws, secs. 2013-2016, 6800-6803. Tennessee.-Code, secs. 3608a-193, 3608a-202. Texas.-R. Civ. S., arts. 705, 706; R. Crim. S., arts. 1395, 1396. Utah.-C. L., secs. 6145-6148, 8472-8475. Vermont.-G. L., secs. 5961-5965. Washington.-C. and S., secs. 9492-9500. West Virginia.-Code, secs. 3578-3585. Wisconsin.-Statutes, secs. 132.01-132.03, 132.12, 4463a, 4464. UNION LABEL ON PUBLIC PRINTING A requirement that the union label be borne on public printing is found in three States. The constitutionality of such a provision is doubtful, as several decisions of courts are to the effect that city ordinances of similar tenor are void as interfering with the common statutory requirement that contracts shall go to the lowest responsible bidder; also because they limit employment to a certain class of persons, violating common rights and tending to create a monopoly. (Holden v. City of Alton (1899), 179 Ill. 318, 53 N. E. 556; Paterson Chronicle Co. v. Paterson (1901), 66 N. J. L. 129, 48 Atl. 589.) The States having such laws are: Maryland.-An. C., art. 78, sec. 9. Montana.-R. C., sec. 260. Nevada.-R. L., sec. 4309. PROTECTION OF EMPLOYEES AS MEMBERS OF LABOR ORGANIZA TIONS Laws have been enacted in a number of States forbidding employers to discharge workmen on account of their membership in labor organizations, or to require, as a condition of employment, that they shall not be or become members of such organizations. Such laws have been declared unconstitutional in 11 States and by the Supreme Court of the United States. Though not the earliest decision, the decision of the Supreme Court is controlling. There is little variety in the reasons given for the holding of unconstitutionality. It is said to be the right of employers and employees to continue their mutual relations so long as agreeable to both, but that either may terminate the contract at will, subject only to such |