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MARYLAND.

PUBLIC GENERAL LAWS-CODE OF 1903.

ARTICLE 7. - Arbitration of labor disputes.

troversies.

may demand ar

Board of pub- SECTION 1. Whenever any controversy shall arise between any corlic works may

, poration incorporated by this State in which this State may be intercon

ested as a stockholder or creditor, and any persons in the employment or service of such corporation, which, in the opinion of the board of public works, shall tend to impair the usefulness or prosperity of such corporation, the said board of public works shall have power to demand and receive a statement of the grounds of said controversy from the parties to the same; and if, in their judgment, there shall be occasion so to do, they shall have the right to propose to the parties to said controversy, or to any of them, that the same shall be settled by arbitration; and if the opposing parties to said controversy shall consent and agree to said arbitration, it shall be the duty of the said board of public works to provide in due form for the submission of the said controversy to arbitration, in such manner that the same may be finally settled and determined; but if the said corporation, or the said person in its employment or service, so engaged in controversy with the said corporation, shall refuse to submit to such arbitration, it shall be the duty of the said board of public works to examine into and ascertain the cause of said controversy, and to report the same to the

next general assembly. Scope of act. SEC. 2. All subjects of dispute arising between corporations, and

any person in their employment or service, and all subjects of dispute between employers and employees in any trade or manufacture, may

be settled and adjusted in the manner hereafter mentioned. Either party Sec. 3. Whenever such subjects of dispute shall arise as aforesaid, it bitration.

shall be lawful for either party to the same to demand and have an Procedure. arbitration or reference thereof in manner following, that is to say,

where the party complaining and the party complained of shall come before, or agree by any writing, under their hands, to abide by the determination of any judge or justice of the peace, it shall and may be lawful for such judge or justice of the peace to hear and finally determine in a summary manner the matter in dispute between such parties; but if such parties shall not come before, or so agree to abide by the determination of such judge or justice of the peace, but shall agree to submit their said cause of dispute to arbitrators, appointed under the provisions of this article, then it shall be lawful for any such judge or justice of the peace, and such judge or justice of the peace is hereby required, on complaint made before him, and proof that such agreement for arbitration had been entered into, to appoint arbitrators for settling the matters in dispute; and such judge or justice of the peace shall then and there propose not less than two nor more than four persons, one-half of whom shall be employers and the other half employees, acceptable to the parties to the dispute, respectively, who, together with said judge or justice of the peace, shall have full power finally to hear and determine such dispute.

Sec. 4. In all such cases of dispute as aforesaid, as in all other cases, if the parties mutually agree that the matter in dispute shall be arbitrated and determined in a mode different from the one hereby prescribed, such agreement shall be valid, and the award and determination thereon by either mode of arbitration shall be final and conclusive

between the parties. Third parties Sec. 5. It shall be lawful in all cases for any employer or employee,

by writing under his hand, to authorize any person to act for hini in

submitting to arbitration and attending the same. Determination of dispute.

Sec. 6. Every determination of dispute by any judge or justice of the peace shall be given as a judgment of the court over which said judge presides, and of the justice of the peace determining the same; and

the said judge or justice of the peace shall award execution thereon as Award. upon verdict, confession or nonsuit; and every award made by arbi

trators appointed by any judge or justice of the peace under the provisions of this article, shall be returned by said arbitrators to the judge

Mutual agreement.

may act.

or justice of the peace by whom they were appointed; and said judge or justice of the peace shall enter the same as an amicable action between the parties to the same in the court presided over by said judge or justice of the peace, with the same effect as if said action had been regularly commenced in said court by due process of law, and shall thereupon become a judgment of said court, and execution thereon shall be awarded as upon verdict, confession or nonsuit; and in all proceedings under this article, whether before a judge or justice of the peace, or arbitrators, costs shall [be] taxed as are now allowed by law in similar proceedings, and the same shall be paid equally by the parties to the dispute; such award shall remain four days in court during its sitting, after the return thereof, before any judgment shall be entered thereon; and if it shall appear to the court within that time that the same was obtained by fraud or malpractice in or by surprise, imposition or deception of the arbitrators, or without due notice to the parties or their attorneys, the court may set aside such award and refuse to give judgment thereon.

ARTICLE 9.- Exemption of wages from attachment. SECTION 33. No attachments of the wages or hire of any laborer or One hundred employee, in the hands of the employer, whether private individuals dollars exempt. or bodies corporate, shall affect any salary or wages of the debtor which are not actually due at the date of the attachment; and the sum of one hundred dollars of such wages or hire due to any laborer or employee by any employer or corporation, shall always be exempt from attachment by any process whatever.

Sec. 34. The wages or hire of any person or persons, not residing in Nonresidents. this State, shall be subject to attachment upon judgment, warrant, or upon two non ests, in the same manner and to no larger extent than the wages or hire of any person or persons, resident in this state. ARTICLE 23.-Incorporation of cooperative associations, trade unions, etc.

SECTION 14. Corporations may be formed in this State * * * by Who may inany five or more persons, citizens of the United States, and a majority corporate. of them citizens of this state, or if unnaturalized, residents of this State, making oath that they bona fide intend to become citizens of the United States without unreasonable delay, who may desire to form a body corporate or politic, for any of the following purposes:

*

*

Sec. 16. Class 2.-For the creation and maintenance of mechanics' objects. institutes, cooperative stores or societies,

: Provided, Such corporations are located in this state, and the property they possess or acquire is located therein.

Sec. 41. Class 26.-For the formation of trade unions, with such ad- Same subject. ditions to their name as they may adopt and set forth in their certificate, to promote the well being of their every day life, and for mutual assistance in securing the most favorable conditions for the labor of their members, and as beneficial societies.

This section does not sanction the making of war on the nonunion laboring man or the illegal interference with his rights and privileges. A labor organization that refuses to admit a nonunion man into membership and procures his discharge from employment by threatening to publish his employers as a nonunion house is liable in damages to one whose discharge was so procured. 77 Md. 396.

Sec. 44. Any company may be incorporated for any two or more of Two or more the purposes aforesaid, where, in the judgment of those forming said purposes. company the same may be conducted by one corporation, with advantage to its general interests. ARTICLE 23.— Liability of employers for injuries to employeesCooperative

insurance fund. SECTION 222. Any corporation, partnership, association, individual Law applies to or individuals engaged in the business of operating any coal or clay mine, quarry, steam or street railroad in the State of Maryland, and any incorporated town, city or county in the State engaged in the work

whom.

gence.

of constructing any sewer, excavation or other physical structure, or

the contractors for any such town, city or county, shall be liable in Who mayclaim law to any employee engaged in the above-named occupations, or in benefit.

case of death to his wife, her husband, if the deceased be a married

woman, or to his or her parent or children, in accordance with section Negligence two of article sixty-seven, for the damages flowing from an injury to causing, injury said employee or from the death of such employee, when such death .

or injury is caused by the negligence of the employer or by the negli-, Joint negli- gence of any servant or employee of such employer; and if it appears

that such injury or death was caused by the joint negligence of such employer, his servants or employees, on the one hand, and the negligence of the injured or deceased employee on the other hand, then the employer shall be liable for one-half of the damages sustained by

such injury.or death. Insurance Sec. 223. No employer, town, city or county (or contractor or confund.

tractors therefor) shall be liable under the preceding section, if the said employer, city, town or county (or contractor or contractors

therefor) shall pay the following annual sums in advance into the $ums to be hands of the insurance commissioner, in monthly installments: First. paid.

Every employer engaged in coal or clay mining or quarrying shall pay the annual sum of one dollar and eighty cents for every person employed and working in the State of Maryland. Second. Every employer engaged in operating any steam railroad shall pay the annual sum of three dollars for every person employed by it residing in the State of Maryland. Third. Every employer engaged in the business of operating any street railway or trolley road shall pay the annual sum of sixty cents for each person employed by it within the State of Maryland. Fourth. Every town, city or county (or the contractor or contractors therefor) shall pay such annual sum of money for each person employed in the work of constructing any sewer, excavation or other physical structure, as the said insurance commissioner shall adjudge to be necessary to insure such employees in the

sum of one thousand dollars in the event of death in such employOne-half may ment, considering the occupation of [or] trade risk involved: Provided, bem deducted however, That any employer, town, city or county (or contractor there

for) may deduct from the wages of their respective employees a sum not exceeding one-half of the amount payable to said insurance commissioner under the provisions of sections 222-228, and make such deduction by weekly, monthly or other periodic installments, such employers to inform their employees of this provision at the time of

their employment or of the continuance of their employment under said Report

sections, as a condition of such employment: Provided further, That no party liable under the preceding section shall be entitled to take advantage of the provisions of this section, unless the said party shall on the first Monday of each month make a report under oath to the insurance commissioner aforesaid, stating the number of persons employed in this state in the respective occupations covered by said sections 222–228 during the preceding month (even if only employed for a fraction of said month), and the estimated number to be employed during the month of such report, and shall pay to the said insurance commissioner the proper monthly installment for each person employed

during such month making up for any shortage in the payment for Contracts waiv- the preceding month. And it shall be unlawful for any person, eming provisions. ployer, employee, corporation or partnership to make any contract

waiving or avoiding or affecting the full legal effect of sections 222-228. Duty of insur. Sec. 224. It is hereby made the duty of the insurance commissioner ance commis- to receive and safe custody keep of all such sums of money or insurance .

premiums, and to keep a distinct fund therefor, to be known as the employers and employees' cooperative insurance fund, and to invest his monthly balances or surplus in safe and convertible securities of any Staté, county or city of the United States or the bonds of the United States, and the bond of such insurance commissioner shall be liable for such fund, and it shall be his duty to keep accurate accounts of the receipts and disbursements of such money, and full statistics of the operation of this function of his department. In the event of the death of an employee insured under the preceding section [of this act], who shall have come to his or her death in the course of

pose

the employment and by causes arising therein (provided such death shall not have occurred at a period longer than one year from the date of the injury), then the insurance commissioner upon being satisfied by adequate evidence of such death shall pay to the administrator or executor of the deceased, or unto the widow or husband or children of the deceased, as the said insurance commissioner shall deem wisest for the dependents, if there be any, the sum of one thousand dollars, and shall pay such indemnification for no other reason or cause whatsoever.

SEC. 225. The insurance commissioner shall report in January of Report. each year to the governor the experience of this function of his department, and shall have plenary, power to determine all disputed cases which may arise in its administration and to regulate from year to year the rates of premiums payable in order to preserve such fund and pay the death indemnification herein provided. He shall receive in compensation for the extra services imposed by said sections 222-228 Compensation. one per centum of the receipts of such fund, and shall have power Power. to define the insurance provisions of said section[s] by regulations not inconsistent therewith, and shall prescribe the character of the monthly or other reports required of the parties liable hereunder and the character of the proofs of death, and shall have power to make all other orders and rules necessary to carry out the true intent and pur

of said sections. Sec. 226. If any party, subject to the provisions of said sections,

Substitute shall consider that he, they or it is or are making better provisions on

plans. the whole for the workmen employed, either by way of payments in case of death, injury, sickness or old age, or all combined, and is or are contributing more in such manner to the said workman than he, they or it would be obliged to do under the insurance provision hereof, then said party may makeapplication to the said insurance commissioner to be absolutely released and exonerated from all liability imposed upon the applicant by virtue of said sections, such application to be in writing, under oath, whereupon the insurance commissioner shall cause such application to be published in some newspaper published in the city or county, when (where] the applicant has its principal office in the State, at the expense of the applicant, fixing a date for a hearing to be given to all persons concerned, not less than one month Hearing. from the day of the filing of such application; and the said insurance commissioner shall thereupon hear all parties concerned and shall have power to summon witnesses and administer oaths, and if upon full investigation he shall be satisfied that the application of such applicant ought to be granted, and that such applicant does and will make better provisions on the whole for the workman concerned than is made by said sections, then the said insurance commissioner is hereby empowered to release said applicant from all liability under said sections, by appropriate order to be signed by him, a certified copy whereof of the insurance commissioner shall be admissible in evidence as proof of its contents in any county of this State: Provided, That the said insurance commissioner shall insert in said order of release adequate provision for the reviving of the full legal effect of said sections, in case such applicant should fail to continue the scheme or system of benefits maintained by such applicant, through which said order of release is granted.

SEC. 227. The words party, applicant and employer, as used in said Definitions. sections 222-228, shall be construed to mean the corporation, association, partnership, individual or individuals, town, city, county (or contractor therefor) liable be sued under section 223, unless a contrary sense appears. The word employee, as used in section 222, shall be construed to mean any person employed in the State and residing therein, and under section 224, the word employee shall be construed to mean any employee for whom the insurance premiums herein provided for have been paid.

SEC. 228. The insurance commissioner shall have power to extend the benefits of all said sections, except section 222 defining the liability

missioner may of employers, to other industrial or manual occupations in this State, fixing such rates, terms, conditions, qualifications and limitations as he may judge prudent.

Insurancecom.

extend.

[The following law enacted in 1902 (chapter 589, Acts of 1902) does not appear in the Code, but is properly included under article 23, relating to corporations. ]

ARTICLE 23.- Payment of wages, Monthly pay day.

Monthly pay

SECTION 1. * * Every association or corporation doing business day.

in the State of Maryland employing wageworkers, whether skilled or ordinary laborers, engaged in manual or clerical work, in the business of mining, manufacturing, operating a steam or electric railroad, street railway, telegraph, telephone or express company, shall make a pay ment in lawful money of the United States, to said employees, labor. ers and wageworkers, or to their authorized agents, not later than the tenth day of each and every month, the full amount of wages or earnings due the said employees, laborers and wageworkers for the previous month's services, at their respective places of employment or at any

intervals or periods less than the time named in this act. Penalty. Sec. 2. In case any of said corporations or associations mentioned in

section 1 of this act, and doing business as aforesaid, or any of their officers shall refuse to make payment at the times set forth in section 1 of this act, to their wage-workers, laborers or other employees the wages due them, or any of them, said association, corporation or officer so refusing shall be guilty of a misdemeanor, and be liable to indictment therefor, and upon conviction, shall be fined a sum not exceeding two hundred dollars for each offense: Provided, Nothing in this act shall interfere with the local law providing for two weeks' pay in Allegany County.

ARTICLE 23. --Company stores.

Proviso.

rations,

Com pa n y SECTION 294. No railroad or mining company, formed or organized stores forbidden to certain corpo- under any of the provisions of this article, or which has organized un

der any existing laws, charter or act of the general assembly of this State, shall own, conduct or carry on any store, or have any interest in any store, or receive any portion of the profits thereof; but nothing herein contained shall prevent the employees of any corporation from forming cooperative stores.

ARTICLE 23.-Forced contributions from railroad employees.

wages.

With holding SECTION 297. It shall not be lawful for any railroad company doing

business in this State to withhold any part of the wages of its employees Penalty. for the benefit of any relief association or the members thereof. Any

railroad company violating the provisions of this section shall upon conviction be fined not less than fifty ($50) dollars, nor more than five hundred ($500) dollars for each and every offense.

ARTICLE 27.-Labor combinations not unlawful.

Combinations SECTION 33. An agreement or combination by two or more persons not conspiracy, to do or procure to be done any act in contemplation or furtherance when.

of a trade dispute between employers and workmen, shall not be in

dictable as a conspiracy, if such act, committed by one person, would Act construed. not be punishable as an offense; nothing in this section shallaffect the

law relating to riot, unlawful assembly, breach of the peace, or any offense against any person or against property.

ARTICLE 27.Trade-marks of trade unions, etc.

Counterfeiting SECTION 43. Whenever any person, association or union of workingunlawful.

men have adopted, or shall hereafter adopt for their protection any label, trade-mark or form of advertisement announcing and denoting that goods to which such label, trade-mark or form of advertisement shall or may be attached, were manufactured by such person or by a

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