Wages earned outside State.

CHAPTER 317.-Action for injuries—Survival.

SECTION 1. No suit now pending or hereafter brought for personal injuries or death from wrongful act in any of the courts of this State, whether by appeal or otherwise, and whether in an inferior or superior court, shall abate or be abated, because or on account of the death of the beneficiary or beneficiaries for whose use and benefit said suit was brought, and such suit shall be proceeded with to final judgment, as though such beneficiary or beneficiaries had not died, for the use and benefit of the heirs at law of such deceased beneficiary.

CHAPTER 590.-Exemption of wages from attachment, etc.

SECTION 1. Wages earned out of this State and payable out of this of State shall be exempt from attachment or garnishment in all cases, where the cause of action arose out of this State, and it shall be the duty of garnishees in such cases to plead such exemp tion unless the defendant is actually served with process.

Local laws forbidden.

TEXAS.
CONSTITUTION.

ARTICLE 3.-Local or special laws regulating labor, etc., not to be passed.

SECTION 56. The legislature shall not, except as otherwise pro vided in this constitution, pass any local or special law, regulating labor, trade, mining and manufacturing;

ARTICLE 16.-Right of action for injuries causing death.

Negligence SECTION 26. Every person, corporation or company that may causing death. cemmit a homicide, through willful act or omission or gross neg Damages. lect, shall be responsible in exemplary damages to the surviving husband, wife, heirs of his or her body, or such of them as there may be, without regard to any criminal proceeding that may or may not be had in relation to the homicide.

ARTICLE 16.-Exemption of wages from garnishment.

Current SECTION 28. No current wages for personal service shall ever be subject to garnishment.

wages

empt.

ex

Protective

ARTICLE 16.-Protection of wages of laborers on public works.

SECTION 35. The legislature shall, at its first session, pass laws laws to be to protect laborers on public buildings, streets, roads, railroads, passed.

Arbitration

lawful.

Board.

canals and other similar public works, against the failure of cultractors and subcontractors to pay their current wages when due, and to make the corporation, company or individual for whose benefit the work is done, responsible for their ultimate payment.

REVISED STATUTES, 1895.

REVISED CIVIL STATUTES.

TITLE 6.-Boards of arbitration.

ARTICLE 61a. Whenever any grievance or dispute of any nature growing out of the relation of employer and employees, shall arise or exist between employer and employees, it shall be lawful, upon mutual consent of all parties, to submit all matters respecting such grievance or dispute in writing to a board of arbitrators to hear. adjudicate, and determine the same. Said board shall consist of

five persons. When the employees concerned in such grievance or dispute as the aforesaid are members in good standing of any labor organization which is represented by one or more delegates in a central body, the said central body shall have power to designate two of said arbitrators, and the employer shall have the power to designate two others of said arbitrators, and the said four arbitrators shall designate a fifth person as arbitrator, who shall be chairman of the board. In case the employees concerned in any such grievance or dispute as aforesaid are members in good standing of a labor organization which is not represented in a central body, then the organization of which they are members shall designate two members of said board, and said board shall be organized as hereinbefore provided; and in case the employees concerned in any such grievance or dispute as aforesaid are not members of any labor organization, then a majority of said employees, at a meeting duly held for that purpose, shall designate two arbitrators for said board, and said board shall be organized as hereinbefore provided: Provided, That when the two arbitrators selected by the respective parties to the controversy, the district judge of the district having jurisdiction of the subject-matter shall, upon notice from either of said arbitrators that they have failed to agree upon the fifth arbitrator, appoint said fifth arbitrator.

ART. 61b. Any board as aforesaid selected may present a peti- Procuring 11tion in writing to the district judge of the county where such griev- cense. ance or dispute to be arbitrated may arise, signed by a majority of said board, setting forth in brief terms the facts showing their due and regular appointment, and the nature of the grievance or dispute between the parties to said arbitration, and praying the license or order of such judge establishing and approving of said board of arbitration. Upon the presentation of said petition it shall be the duty of said judge, if it appear that all requirements of this law have been complied with, to make an order establishing such board of arbitration and referring the matters in dispute to it for hearing, adjudication and determination. The said petition and order, or a copy thereof, shall be filed in the office of the district clerk of the county in which the arbitration is sought.

tions.

ART. 61c. When a controversy involves and affects the interests Different laof two or more classes or grades of employees belonging to differ- bor organizaent labor organizations, or of individuals who are not members of a labor organization, then the two arbitrators selected by the employees shall be agreed upon and selected by the concurrent action of all such labor organizations, and a majority of such individuals who are not members of a labor organization.

claims.

ART. 61d. The submission shall be in writing, shall be signed by Submission of the employer or receiver and the labor organization representing the employees, or any laborer or laborers to be affected by such arbitration who may not belong to any labor organization, shall state the question to be decided, and shall contain appropriate provisions by which the respective parties shall stipulate as follows: 1. That pending the arbitration the existing status prior to any disagreement or strike shall not be changed.

2. That the award shall be filed in the office of the clerk of the district court of the county in which said board of arbitration is held, and shall be final and conclusive upon both parties, unless set aside for error of law, apparent on the record.

3. That the respective parties to the award will each faithfully execute the same, and that the same may be specifically enforced in equity so far as the powers of a court of equity permit.

4. That the employees dissatisfied with the award shall not by reason of such dissatisfaction quit the service of said employer or receiver before the expiration of thirty days, nor without giving said employer or receiver thirty days written notice of their intention so to quit.

5. That said award shall continue in force as between the parties thereto for the period of one year after the same shall go into practical operation, and no new arbitration upon the same subject

Organization.

Powers.

Powers cease, when.

Status to be tained.

between the same parties shall be had until the expiration of said one year.

ART. 61e. The arbitrators so selected shall sign a consent to act as such and shall take and subscribe an oath before some officer authorized to administer the same to faithfully and impartially discharge his duties as such arbitrator, which consent and oath shall be immediately filed in the office of the clerk of the district court wherein such arbitrators are to act. When said board is ready for the transaction of business it shall select one of its mem bers to act as secretary and the parties to the dispute shall receive notice of a time and place of hearing, which shall be not more than ten days after such agreement to arbitrate has been filed. ART. 61f. The chairman shall have power to administer oaths and to issue subpoenas for the production of books and papers and for the attendance of witnesses to the same extent that such power is possessed by the court of record or the judge thereof in this State. The board may make and enforce the rules for its government and transaction of the business before it and fix its sessions and adjournment, and shall herein examine such witnesses as may be brought before the board, and such other proof as may be given relative to the matter in dispute.

ART. 61g. When said board shall have rendered its adjudication and determination its powers shall cease, unless there may be at the time in existence other similar grievances or disputes be tween the same class of persons mentioned in article 61a, and in such case such persons may submit their differences to said board, which shall have power to act and adjudicate and deter- mine the same as fully as if said board was originally created for the settlement of such difference or differences. quo ART. 61h. During the pendency of arbitration under this chap ter it shall not be lawful for the employer or receiver party to such arbitration, nor his agent, to discharge the employees parties thereto, except for inefficiency, violation of law, or neglect of duty, or where reduction of force is necessary, nor for the organi zation representing such employees to order, nor for the em ployees to unite in, aid or abet strikes or boycots against such employer or receiver.

main

ART. 611. Each of the said board of arbitrators shall receive three dollars per day for every day in actual service, not to exceed ten days, and traveling expenses not to exceed five cents per mile actually traveled in getting to or returning from the place where the board is in session. The fees of witnesses of the aforesaid board shall be fifty cents for each day's attendance and five cents per mile traveled by the nearest route to and returning from the place where attendance is required by the board. All subpoenas shall be signed by the secretary of the board and may be served by any person of full age authorized by the board to serve the same, and the fees and mileage of witnesses and the per diem and traveling expenses of said arbitrators shall be taxed as costs against either or all of the parties to said arbitration, as the board of arbitrators may deem just, and shall constitute part of their award, and each of the parties to said arbitration shall, before the arbitration [arbitrators] proceed to consider the matters submitted to them, give a bond, with two or more good and sufficient sureties in an amount to be fixed by the board of arbitration, conditioned for the payment of all expenses connected with the said arbitration.

ART. 61j. The award shall be made in triplicate. One copy shall be filed in the district clerk's office, one copy shall be given to the employer or receiver, and one copy to the employees or their duly authorized representative. The award being filed in the clerk's office of the district court, as hereinbefore provided. shall go into practical operation and judgment shall be entered thereon accordingly at the expiration of ten days from such filing, unless within such ten days either party shall file excep tions thereto for matter of law apparent on the record, in which

case said award shall go into practical operation and judgment rendered accordingly when such exceptions shall have been fully disposed of by either said district court or an appeal therefrom.

Entry of

ART. 61k. At the expiration of ten days from the decision of the district court upon exceptions taken to said award as afore- judgment. said, judgment shall be entered in accordance with said decision, unless during the said ten days either party shall appeal therefrom to the court of civil appeals holding jurisdiction thereof. In such case only such portion of the record shall be transmitted to the appellate court as is necessary to the proper understanding and consideration of the questions of law presented by said exceptions and to be decided. The determination of said court of civil appeals upon said questions shall be final, and being certified by the clerk of said court of civil appeals, judgment pursuant thereto shall thereupon be entered by said district court. If exceptions to an award are finally sustained, judgment shall be entered setting aside the award; but in such case the parties may agree upon a judgment to be entered disposing of the subject-matter of the controversy, which judgment, when entered, shall have the same force and effect as judgment entered upon an award.

TITLE 10.-Exemption of wages from garnishment.

Current

ARTICLE 252. No current wages for personal service shall be subject to garnishment; and where it appears upon the trial wages exempt. that the garnishee is indebted to the defendant for such current wages, the garnishee shall nevertheless be discharged as to such indebtedness.

TITLE 13a.-Trade-marks of trade unions.

Enjoining

etc.

ARTICLE 318c. Every person, association or union of workingmen, incorporated or unincorporated, having adopted a label, counterfeiting, trade-mark, design, device, imprint or form of advertisement, as aforesaid, may proceed by suit to enjoin the wrongful manufacture, use, display or sale of any such label, trade-mark, design, device, imprint or form of advertisement, and the manufacture, use, display or sale of any such counterfeit or imitation, and all courts having jurisdiction thereof shall grant injunctions to restrain such manufacture, use, display or sale, and shall award the plaintiff in such suit such damages resulting from such wrongful manufacture, use, display or sale as by him may have been sustained. Where such association or union is not incorporated suits under this law may be commenced and prosecuted by any officer or member of such association or union in his own name, for himself and for the use and benefit of such association or union.

to

ART. 318d. Every person, association or union of workingmen,, Copies of labels, etc., incorporated or unincorporated, that has heretofore or shall herebe filed. after adopt a label, trade-mark, design, device, imprint or form of advertisement, shall file the same in the office of the secretary of state by leaving two copies, counterparts or facsimiles thereof, with the secretary of state, and said secretary shall deliver back to such person, association or union so filing the same one of said copies, counterparts or facsimiles, along with and attached to a duly attested certificate of the filing of same, for which he shall receive a fee of one dollar from such person, association or union.

Such certificate of filing shall in all suits and prosecutions under Certificates. this chapter be sufficient proof of the adoption of such label, trademark, design, device, imprint or form of advertisement, and of the right of such person, association or union to adopt the same. No label, trade-mark, design, device, imprint or form of advertisements shall be filed as aforesaid that would probably be mistaken for a label, trade-mark, design, device, imprint or form of

Provisos.

Who may incorporate.

Purposes.

Charter to contain what.

Signing.

Fling.

Wages a prior claim.

Wages reserved to families;

To individuals.

advertisement already of record: Provided, That no person or association shall be permitted to register as a label, trade-mark. design, device, imprint or form of advertisement, any emblem. design or resemblance thereto that has been adopted or used by any charitable, benevolent or religious society or association without their consent: And provided, further, That all persons, institutions or associations now using a label, trade-mark, design. device, imprint or form of advertisement shall have thirty days time after this law takes effect in which to file such label, trademark, design, device, imprint or form of advertisement under the provisions of this law, before the same can be registered by others.

TITLE 21.-Incorporation of labor organizations.

ARTICLE 641. Private corporations may be created by the voluntary association of three or more persons for the purposes and in the manner hereinafter mentioned.

ART. 642. The purposes for which private corporations may be formed are:

48. For the organization of laborers, workingmen, wage earners and farmers to protect themselves in their various pursuits.

ART. 643. A charter must be prepared setting forth

1. The name of the corporation.

2. The purpose for which it is formed.

3. The place or places where its business is to be transacted. 4. The term for which it is to exist.

5. The number of its directors or trustees, and the names and residences of those who are appointees for the first year.

ART. 644. The charter of an intended corporation must be subscribed by three or more persons, two of whom at least must be citizens of this State, and must be acknowledged by them before an officer duly authorized to take acknowledgment of deeds; *** ART. 645. Such charter shall thereupon be filed in the office of the secretary of state, who shall record the same at length in a book to be kept for that purpose, and retain the original on file in his office. A copy of the charter, or of the record thereof certified under the great seal of the State, shall be evidence of the creation of the corporation.

TITLE 30.-Wages preferred-In receiverships.

ARTICLE 1472. All moneys that come into the hands of a receiver as such receiver shall be applied as follows: First, to the payment of all court costs of the suit; second, to the payment of all wages of employees due by the receiver;

TITLE 40.-Exemption of wages from attachment, etc.

ARTICLE 2395. The following property shall be reserved to every family, exempt from attachment or execution, and every other species of forced sale for the payment of debts, except as hereinafter provided:

*

16. All current wages for personal services.

ART. 2397. The following property shall be reserved to persons who are not constituents of a family, exempt from attachment, execution and every other species of forced sale:

*

5. Current wages for personal services.