Penalty. Act construed. Definition. Tickets pay tion, company or individual with the intent and for the purpose of preventing such employee, mechanic or laborer from engaging in or securing similar or other employment from any other corporation, company or individual. SEC. 2. If any officer or agent of any corporation, company or individual, or other person, shall blacklist or publish or cause to be blacklisted or published any employee, mechanic or laborer discharged by such corporation, company or individual, with the intent and for the purpose of preventing such employee, mechanic or laborer from engaging in or securing similar or other employment from any other corporation, company or individual, or shall in any manner conspire or contrive by correspondence or otherwise, to prevent such discharged employee from procuring employment, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty nor more than two hundred and fifty dollars, or be imprisoned in the county jail not less than thirty nor more than ninety days or both. SEC. 3. But this act shall not be construed as prohibiting any corporation, company or individual, from giving in writing, on application from such discharged employee, or any corporation, company or individual who may desire to employ such discharged employee, a truthful statement of the reason for such discharge: Provided, That said written cause of discharge, when so made by such person, agent, company or corporation, shall never be used as the cause for an action for libel, either civil or criminal, against the person, agent[,] company or corporation so furnishing same. SEC. 4. He is guilty of blacklisting who places, or causes to be placed, the name of any discharged employee, or any employee who has voluntarily left the service of any individual, firm, company, or corporation on any book or list, or publishes it in any newspaper, periodical[,] letter or circular, with the intent to prevent said employees from securing employment of any kind with any other person, firm, corporation or company, either in a public or private capacity. CHAPTER 112 (as amended by chapter 152, Acts of 1905).—Payment of wages in scrip. SECTION 1. It shall be unlawful for any person, firm, associaable in goods. tion of persons, corporation, or agent of either, to issue any ticket, check or writing obligatory to any servant or employee for labor performed, redeemable or payable in goods or merchandise. Violations. Age limit. Illiterates. SEC. 2. Any person or the agent of any person, firm, association of persons or corporation, who shall violate any provisions in the foregoing section, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine of not less than five nor more than one hundred dollars, or by imprisonment in the county jail for a period of not less than five nor more than sixty days, or both. ACTS OF 1903. CHAPTER 28.-Employment of children-Age limit. SECTION 1. Any person or any agent or employee of any person, firm or corporation, who shall hereafter employ any child under the age of twelve years to labor in or about any mill, factory, manufacturing establishment, or other establishment using machinery, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than fifty dollars, and not more than two hundred dollars, and each day the provisions of this act are violated shall constitute a separate offense. SEC. 2. Any person, or any agent or employee of any person, firm or corporation, who shall hereafter employ any child between the ages of twelve and fourteen years (who can not read and write simple sentences in the English language) to labor in or about any mill, factory, manufacturing establishment, or other establishment using machinery, shall be deemed guilty of a mis- Provisos. demeanor, and upon conviction shall be fined not less than fifty dollars, nor more than two hundred dollars; and each day the provisions of this act are violated shall constitute a separate offense: Provided, That such child who has a widowed mother, or parent incapacitated to support it, may be employed between the hours of 6 a. m. and 6 p. m.: Provided, further, That such parent is incapacitated from earning a living, and has no means of support other than the labor of such child; and in no event shall any child between the ages of twelve and fourteen years be Night work. permitted to work outside the hours between 6 a. m. and 6 p. m. SEC. 3. Any person, or agent or employee of any person, firm or corporation, owning, operating or assisting in operating, any mine, distillery or brewery, who shall employ any child under the age of sixteen years to labor in or about any mine, distillery or brewery, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than fifty, nor more than two hundred dollars. Mines, distilleries, etc. CHAPTER 31.-Hours of labor of railroad employees. rest when. required, SECTION 1. It shall be unlawful for any corporation or receiver Eight hours operating a line of railroad in whole or in part in the State of Texas, or any officer, agent or representative of such corporation or receiver to require or permit any conductor, engineer, fireman, brakeman, train dispatcher, telegraph operator, or any trainman who has worked in his respective capacity for sixteen consecutive hours, to again go on duty or perform any work for such railroad until he has had at least eight hours' rest: Provided, This provision shall not apply in case of casualty upon such railroad: Provided, This section shall not apply to employees of sleeping car companies. SEC. 2. Any corporation or receiver operating a line of railroad Penalty. in whole or in part 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 $100 nor more than $1,000 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 into or through which said railway may run, by the attorney-general, or under his direction, or by the county or district attorney in any county through or into or out of which trains may be operated by said railroad, * * ** CHAPTER 63.-Coercion of employees in trading-Blacklisting. Blackiisting. SECTION 1. It shall be unlawful for any person or persons, cor- Restriction of poration or firm, or any agent, manager or board of managers or employees as to servant of any corporation or firm in this State to coerce or trading. require any servant or employee to deal with or purchase any article of food, clothing or merchandise of any kind whatever, from 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 firm, company or corporation, or to purchase any article of food, clothing or merchandise whatever at any store or any place whatever. SEC. 2. Any person or persons, company or corporation or association, 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. Penalty. Two outlets CHAPTER 76.-Mine regulations. 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 person 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 by 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, SEC. 2. The time which shall be allowed for completing such 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. Time for making changes. Violations. Definition of trust. SEC. 3. Any person, owner, agent, lessee, receiver or operator of any mine in this State who shall violate or suffer or permit the violation 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. SECTION 1. A trust is a combination of capital, skill or acts by 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 restric tions 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 merchan dise, produce, or commodities, or the cost of insurance, or of the preparation of any product for market or transportation. 3. To prevent or lessen competition in the manufacture, making, 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 transportation 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 insurance 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 charge 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. 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 asso- Boycotting. ciations 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 re- Illegality. straint of trade as herein defined, are hereby prohibited and declared to be illegal. SEC. 11. Each and every firm, person, corporation or association Violations. 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 recovery of the same, and the fees of the prosecuting attorney for repre senting the State in proceedings under this act shall be over and above the fees allowed him under the general fee bill. SEC. 12. Any contract or agreement in violation of the provi- Certain sions of this act shall be absolutely void and not enforcible [en- tracts vold. forceable] either in law or equity. SEC. 13. And in addition to the penalties and forfeitures herein Penalty. provided for, every person violating this act may further be punished by imprisonment in the penitentiary not less than one nor more than ten years. CHAPTER 112.-Protection of employees on street railways-Inclosed platforms. con Screens re SECTION 1. It shall be unlawful for any corporation or receiver operating a line of electric street railway in the State of Texas quired. to require or permit the operation upon its lines of any electric Penalty. Switch lights. Derailing switches. Violations. Defense 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. SEC. 2. Any corporation 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, ACTS OF 1905. CHAPTER 56.-Safety appliances on railroads-Switch lights and switches. SECTION 1. It shall be the duty of every railway corporation operating any line of railway in the State of Texas, within six months after the passage of this act, to place good and sufficient switch lights on all their main line switches connected with the main line, and to keep the same lighted from sunset until sunrise: Provided, That this section of this act shall not apply to railways which have all their road locomotives equipped with electric headlights. SEC. 2. It shall be the duty of every railway corporation operating any line of railway in the State of Texas, within six months after the passage of this act, to place good and safe derailing switches on all of their sidings connecting with the main line of such railway, and upon which sidings cars are left standing: Provided, That no derailing switches shall be required where the siding connects with main line on an upgrade in the direction of the main line of one-half of one per cent or over: Provided further, That no derailing switches shall be required on inside tracks at terminal points where regular switching crews are employed. SEC. 3. Any railway corporation which shall willfully 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, CHAPTER 163.-Liability of employers for injuries to employees— not SECTION 1. In any suit against a person, corporation or receiver allowed, when. operating a railroad or street railway for damages for the death or personal injury of an employee or servant, caused by the wrong or negligence of such person, corporation or receiver, that the plea of assumed risk of the deceased or injured employee where the ground of the plea is knowledge or means of knowledge of the effect and danger which caused the injury or death shall not be available in the following cases: First. Where such employee had an opportunity before being injured or killed to inform the employer or a superior intrusted by the employer with the authority to remedy or cause to be remedied the defect, and does notify or cause to be notified the employer or superior thereof within a reasonable time: Provided, It shall not be necessary to give such information where the em ployer or such superior thereof already knows of the defect. Second. Where a person of ordinary care would have continued in the service with the knowledge of the defect and danger and in such case it shall not be necessary that the servant or employee give notice of the defect as provided in subdivision 1 hereof. |