« ForrigeFortsett »
CHAPTER 63.—Coercion of employees in trading-Blacklisting. Restriction of SECTION 1. It shall be unlawful for any person or persons, coremployees as to trading.
poration or firm, or any agent, manager or board of managers or servant of any corporation or firm in this State to coerce or require any servant or employee to deal with or purchase any arti
cle of food, clothing or merchandise of any kind whatever, from Blacklisting. any person, association, corporation or company, or at any place
or store whatever. And it shall be unlawful for any such person or persons, or agent, manager, or board of managers or servant to exclude from work, or to punish or blacklist any of said employees for failure to deal with any such person or persons or any firin, company or corporation, or to purchase any article of food, cloth
ing or merchandise whatever at any store or any place whatever. Penalty. SEC. 2. Any person or persons, company or corporation or asso
ciation, or any agent, manager or managers, or servant of any company, corporation or association, described in the foregoing section who shall violate any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than fifty, nor more than two hundred dollars for each offense.
CHAPTER 76.-Mine regulations. Two outlets SECTION 1. It shall be unlawful for the owner, agent, lessee, required, when. receiver or operator of any mine in this State to employ any per
son or persons in said mine for the purpose of working therein unless there are in connection with every seam or stratum of coal or ore worked in such mine not less than two openings or outlets, separated by a stratum of not less than one hundred and fifty feet at surface and not less than thirty feet at any place, at which openings or outlets safe and distinct means of ingress and egress shall at all times be available for the persons employed in such mine. The escapement shafts or slopes shall be fitted with safe and available appliances hy which the employees of the mine may readily escape in case of accident. In slopes used as haulage roads where the dip or incline is ten degrees or more there must be provided a separate traveling way which shall be maintained
in a safe condition for travel and kept free from dangerous gases. Time for mak
SEC. 2. The time which shall be allowed for completing such ing changes.
escapement shaft or opening as is required by the terms of this act shall be: For mines already opened when this act shall become a law, one year for sinking any shaft or slope two hundred feet or less in depth, and one additional year or pro rata portion thereof for every additional two hundred feet or fraction thereof; but for mines which shall be opened after the taking effect of this act the time allowed shall be two years for all shafts or slopes more than two hundred feet in depth, and one year for all shafts two hundred feet in depth or less; and the time shall be reckoned in all cases from the date on which coal or ore is first hoisted from the
original shaft or slope for sale or use. Violations. SEC. 3. Any person, owner, agent, lessee, receiver or operator of
any mine in this State who shall violate or suffer or permit the riolation of any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than two hundred nor more than five hundred dollars, and each day such violation continues shall constitute a separate offense.
CHAPTER 94.-Antitrust law-Boycotting, etc.
Definition of SECTION 1. A trust is a combination of capital, skill or acts by trust.
two or more persons, firms, corporations or associations of persons, or either two or more of them for either, any, or all of the following purposes :
1. To create or which may tend to create or carry out restrictions in trade or commerce or aids to commerce or in the preparation of any product for market or transportation, or to create or carry out restrictions in the free pursuit of any business authorized or permitted by the laws of this State.
2. To fix, maintain, increase or reduce the price of merchandise, produce, or commodities, or the cost of insurahice, of of the preparation of any product for market or transportation,
* To prevent or lessen competition in the manufacturë, mak ing, transportation, sale or purchase of merchandise, produce or commodities, or the business of insurance, or to prevent or lessen competition in aids to commerce, or in the preparation of any product for market or transportation.
4. To fix or maintain any standard or figure whereby the price of any article or commodity of merchandise, produce or commerce, or the cost of transportation, or insurance, or the preparation of any product for market or transportation, shall be in any manner affected, controlled or established.
5. To make, enter into, maintain, execute or carry out any contract, obligation or agreement by which the parties thereto bind, or have bound themselves not to sell, dispose of, transport or to prepare for market or transportation any article or commodity, or to make any contract of insurance at a price below a common standard or figure, or by which they shall agree in any manner to keep the price of such article or commodity or charge for trans. portation or insurance, or the cost of the preparation of any product for market or transportation at a fixed or graded figure, or by which they shall in any manner affect or maintain the price of any commodity or article or the cost of transportation or insur': ance or the cost of the preparation of any product for market or transportation between them or themselves and others, to preclude a free and unrestricted competition among themselves or others in the sale or transportation of any such article or commodity or business of transportation or insurance or the preparation of any product for market or transportation, or by which they shall agree to pool, combine or unite any interest they may have in connection with the sale or purchase of any article or commodity or charge for transportation or insurance or charge for the preparation of any product for market or transportation whereby its price or such chargê might be in any manner affected.
6. To regulate, fix or limit the output of any article or commodity which may be manufactured; mined, produced or sold, or the amount of insurance which may be undertaken, or the amount of work that may be done in the preparation of any product for market or transportation.
7. To abstain from engaging in or continuing business or from the purchase or sale of merchandise, produce or commodities partially or entirely within the State of Texas, or any portion thereof.
Sec. 3. Either or any of the following acts shall constitute a conspiracy in restraint of trade:
1. Where any two or more persons, firms, corporations, or associations of persons who are engaged in buying or selling any article of merchandise, produce or any commodity, enter into an agreement or understanding to refuse to buy from or sell to any other person, firm, corporation, or association of persons any article of merchandise, produce or commodity.
2. Where any two or more persons, firms, corporations or associations of persons shall agree to boycott or threaten to refuse to buy from or sell to any person, firm, corporation or association of persons for buying from or selling to any other person, firm, corporation or association of persons. SEC. 4. Any and all trusts
and conspiracies in restraint of trade as herein defined, are hereby prohibited and declared to be illegal.
SEC. 11. Each and every firm, person, corporation or association of persons who shall in any manner violate any of the provisions of this act shall for each and every day that such violation shall be committed or continued, forfeit and pay the sum of fifty dollars, which may be recovered in the name of the State of Texas in any county where the offense is committed or where either of
the offenders reside, or in Travis County, and it shall be the duty of the attorney-general, or the district or county attorney under the direction of the attorney-general, to prosecute for the recorery of the same, and the fees of the prosecuting attorney for representing the State in proceedings under this act shall be over and
above the fees allowed him under the general fee bill. Certain CON- SEC. 12. Any contract or agreement in violation of the provi. tracts void.
sions of this act shall be absolutely void and not enforcible either
in law or equity. Penalty. SEC. 13. And in addition to the penalties and forfeitures herein
provided for, every person violating this act may further be pun.
closed platforms. Screens re- SECTION 1. It shall be unlawful for any corporation or receiver quired.
operating a line of electric street railway in the State of Texas to require or permit the operation upon its lines of any electric car, other than train cars attached to motor cars, during the periods beginning November 15 and ending March 15 of each year, unless the forward end of such car is provided with a screen or vestibule which shall fully protect the motorman or other person directing the motive power by which such car is propelled from wind and storm: Provided, That when excursionists are visiting any city, summer or open cars without such vestibule or screen may be
operated as specials in addition to regular service. Penalty. SEC. 2. Any corporatiou or receiver operating a line of electric
street railway in the State of Texas who shall violate any of the provisions of this act, shall be liable to the State of Texas for a penalty of not less than one hundred dollars nor more than one thousand dollars for each offense, and such penalties shall be recovered and suit therefor shall be brought in the name of the State of Texas, in a court of proper jurisdiction in Travis County, Texas, or in any county in or through which such line of electric street railway may be run, by the attorney-general, or under his diree tion, or by the county or district attorney in any county in or through which such line of electric street railway may be operated. and such suits shall be subject to the provisions of article 1577, Revised Statutes of the State of Texas.
ARTICLE 12.-Interference with employment. Hindering em- SECTION 19. Every person in this State shall be free to obtain ployment.
employment whenever possible, and any person, corporation, or agent, servant or employee thereof, maliciously interfering or hindering in any way, any person from obtaining or enjoying employment already obtained, from any other corporation or person, shall be deemed guilty of a crime. The legislature shall provide by law for the enforcement of this section.
ARTICLE 16.—Employment of labor. Rights of la. SECTION 1. The rights of labor shall have just protection bor to be pro- through laws calculated to promote the industrial welfare of the .
State. Board of la- Sec. 2. The legislature shall provide by law, for a board of bor, etc.
labor, conciliation and arbitration, which shall fairly represent the interests of both capital and labor. The board shall perform
duties, and receive compensation as prescribed by law. ('ertain cm- SEC. 3. The legislature shall prohibit : ployments, etc., prohibited.
(1) The employment of women, or of children under the age of fourteen years, in underground mines,
(2) The contracting of convict labor.
(3) The labor of convicts outside prison grounds, except on public works under the direct control of the State.
(4) The political and commercial control of employees.
SEC. 4. The exchange of blacklists by railroad companies or Exchange of other corporations, associations or persons is prohibited.
blacklists. Sec. 5. The right of action to recover damages for injuries re- Injuries caussulting in death, shall never be abrogated, and the amount recov- ing death. erable shall not be subject to any statutory limitation.
SEC. 6. Eight hours shall constitute a day's work on all works Hours of laor undertakings carried on or aided by the State, county or mu
bor. nicipal governments; and the legislature shall pass laws to pro- , Inspection of vide for the health and safety of employees in factories, smelters factories, etc. and mines.
SEC. 7. The legislature, by appropriate legislation, shall pro- Enforcement. vide for the enforcement of the provisions of this article.
Title 4.-Wages preferred—In assignment. SECTION 85. In all assignments for the benefit of creditors, debts Wages to be due for wages or personal services of servants or employees of paid first. the assignor for services or labor rendered or performed within one year previous to the assignment, are preferred claims, and must be paid before any other creditor of the assignor, and shall be paid in full in all cases where there is sufficient property therefor; otherwise they alone shall be paid pro rata.
TITLE 18.--Protection of employees as voters.
It shall be unlawful for any employer,, Attempting to either corporation, association, company, firm, or person in paying
influence vote. its, their, or his employees the salary or wages due them, to inclose their pay in "pay envelopes" on which there is (are) written or printed any political mottoes, devices, or arguments, containing threats, express or implied, intended or calculated to influence the political opinion, views, or action of such employees. Nor shall it be lawful for any employer, either corporation, association, company, firm, or person, within ninety days of any election provided by law, to put up or otherwise exhibit in its, their, or his factory, workshop, mine, mill, boarding house, office, or other establishment or place where its, their, or his employees may be working or be present in the course of such employment, any handbill, notice, or placard, containing any threat, notice, or information, that in case any particular ticket or candidate shall or shall not be elected, work in its, their, or his establishment shall cease in whole or in part, or its, their, or his establishment be closed, or the wages of its, their, or his workmen be reduced; or other threats, expressed or implied, intended or calculated to influence the political opinions or actions of its, their, or his employees. Any person or persons, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and any person, whether acting in his individual capacity or as an officer or agent of any corporation, so guilty of such misdemeanor shall be punished as hereinafter prescribed.
SEC. 899. It shall be unlawful for any corporation or any officer Same subject. or agent of any corporation to influence or attempt to influence, by force, violence, or restraint, or by inflicting or threatening to inflict any injury, damage, harm, or loss, or by discharging from employment or promoting in employment, or by intimidation, or otherwise in any manner whatever to induce or compel any employee to vote or refrain from voting at any election provided by law, or to vote or refrain from voting for any particular person or persons, measure or measures, at any such election. Any Forfeiture of such corporation, or any officer or agent of such corporation, charter. violating any of the provisions of this section shall be deemed
guilty of a misdemeanor and be subjected to the penalty hereinafter provided, and in addition thereto, any corporation violating this section shall forfeit its charter and right to do business
in this State. Two hours al- SEC. 910. Any person entitled to a vote at a general election lowed for vot- held within this state, shall, on the day of such election, be ing.
entitled to absent himself from any employment in which he is then engaged or employed for a period of two hours between the time of opening and the time of closing the polls, and any such absence shall not be sufficient reason for the discharge of any such person from such service or employment, and such voter shall not, because of so absenting himself, be liable to any penalty. nor shall any deduction be made on account of such absence, from
his usual salary or wages except when such employee is emProviso.
ployed and paid by the hour: Provided, That application shall be made for such leave of absence prior to the day of election. The employer may specify the hours during which such employee may absent himself as aforesaid. Any person or corporation who shall refuse to his or its employees the privilege hereby conferred, or who shall subject an employee to a penalty or reduction of wages because of the exercise of such privilege, or who shall, directly or indirectly violate the provisions of this title shall be deemed guilty of a misdemeanor.
TITLE 29.--Earnings of married women.
Earnings SECTION 1201. A wife may receive the wages for her personal separate prop- labor, and maintain an action therefor in her own name, and hold erty. the same in her own right,
as if unmarried.
TITLE 36.—Hours of labor.
Eight hours a
SECTION 1336 (as amended by chapter 98, Acts of 1903). Eight day's labor on hours shall constitute a day's work in all penal institutions in public works, etc.;
this State, whether State, county or municipal, and on all works and undertakings carried on or aided by the State, county or municipal governments. Any officer of the State or of any county or municipal government, or any person, corporation, firm, (ontractor, agent, manager or foreman, who shall require or contract with any person to work in any penal institution or upon such works or undertakings, longer than eight hours in one calendar day, except in cases of emergency, where life or property is in
imminent danger, shall be guilty of a misdemeanor. In mines and SEC. 1337. The period of employment of working men in all smelters.
underground mines or workings, and in smelters and all other institutions for the reduction or refining of ores or metals, shall be eight hours per day, except in cases of emergency where life or property is in imminent danger. Any person, body corporate, agent, manager, or employer who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor.
Held to be constitutional. 14 U. Rep. 71, 96; 18 Sup. Ct. Rep. 383.
An employee working more than eight hours is a violator of the law equally with his employer. The law will not be construed so as to require an employer to pay for the excess of eight hours' services rendered by an employee. 57 Pac. Rep. 720.
TITLE 36.-Employment of women and children.
Employment SECTION 1338. It shall be unlawful for any person, firm, or corin mines and poration to employ any child under fourteen years of age, or any smelters.
female, to work in any mine or smelter in the State of Utah. Any person, firm, or corporation who shall violate any of the provisions
of this section shall be deemed guilty of a misdemeanor. Seats for fe- Sec. 1339. The proprietor, manager, or person having charge of male employees any store, shop, hotel, restaurant, or other place where women or in stores, etc.
girls are employed as clerks or help therein, shall provide chairs, stools, or other contrivances where such clerks or help may rest