Payment of wages-Deductions, offsets, etc.

Written con

SECTION 2698. It shall be unlawful for any person, firm, partnership or corporation, within this Territory, to deduct and retain sent required. any part or portion of any wages due and payable to any laborer or employee, or to collect any store account, offset or counterclaim without the written consent of such laborer or employee or by action in court as provided by law.

Fines, offsets,

SEC. 2699. No fines, offsets or counterclaims shall be collected, deducted, or retained out of any wages due and payable to any etc. laborer or employee by any person, firm, partnership or corporation, in this Territory, unless by action in court and judgment therefor first obtained as provided by law.

SEC. 2700. Any person, partnership, firm or corporation who shall violate any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars and not more than one hundred dollars.

Conspiracy.

SECTION 3091. A conspiracy is a malicious or fraudulent combination or mutual undertaking or concerting together of two or more, to commit any offense or instigate anyone thereto, or charge anyone therewith; or to do what plainly and directly tends to excite or occasion offense, or what is obviously and directly wrongfully injurious to another:

For instance

To prevent another, by indirect and sinister means, from exercising his trade, and to impoverish him:

SEC. 3092. Any person knowingly acceding to and joining in a conspiracy after the same is formed, is a party thereto, no less than the one who originally takes part in forming the same.

SEC. 3093. It is not requisite that the act agreed upon should be done or attempted in pursuance of the conspiracy; the conspiracy itself constitutes the offense.

SEC. 3094. The act of each party to a conspiracy, in pursuance thereof, is the act of all.

Sunday labor.

SECTION 3190 (as amended by act No. 15, Acts of 1905). All labor on Sunday is forbidden, excepting works of necessity or mercy, in which are included all labor that is needful for the good order, health, comfort or safety of the community, or for the protection of property from unforeseen disaster, or danger of destruction or injury, or which may be required for the prosecution of or attend ance upon religious worship, or for the furnishing of opportunities of reading or study: Provided, however, That this section shall not apply to newspaper printing offices, steamship companies, railroads, telegraph and telephone companies, hotels, inns, restaurants, cigar stores, ice cream parlors, soda water stands, drug stores, livery stables, hackmen, owners and operators of licensed shore boats, news depots, graziers and ranchmen, electric light plants, gas works and slaughter houses: And provided further, That personal baggage may be conveyed to and from vessels leaving and arriving at port on that day, and to and from any railroad stations; that on Sunday the loading and unloading of vessels engaged in interisland, interstate or foreign commerce shall be permitted, but no freight, except live stock and goods of a perishable nature, shall be drayed or conveyed from the dock, pier, wharf, or landing upon which it is unloaded; that during the entire day milk, bread, fruit and ice may be sold and delivered; that until 10 o'clock in the forenoon fresh meat, fresh fish, and fresh vegetables may be sold and delivered, and laundrymen and

Penalty.

Definition.

Parties.

Act not req

uisite.

Act of each is act of all.

Labor for

bidden.

Provisos.

Violations.

Labor commission.

Duties.

laundries may deliver and collect laundry or washing, and that barber shops may be kept open until 11 o'clock in the forenoon.

SEC. 3192. Any person violating any of the provisions of sections 3190, * * * shall, on conviction, be fined not over fifty dollars or be imprisoned not over thirty days.

REVISED LAWS-1905-APPENDIX.

Labor commission.

(Page 1308.)

SECTION 2146 (as amended by chapter 339, Acts of U. S. Congress, 1899-1900). The governor of the Territory is hereby authorized and directed to appoint a commission of three persons, who shall be known as the "Labor Commission," and all of whom shall serve without pay. One of the commissioners shall be designated by the governor to be chairman of the commission, and shall have power to administer oaths. Members of the commission may be removed at any time by the governor.

SEC. 2148 (as amended by chapter 339, Acts of U. S. Congress, 1899-1900). It shall be the duty of the said commission to make a full and careful inquiry and investigation into the following matters, so far as the same shall not have been done by the labor commission provided for in Act IV of the executive and advisory councils of the Republic, and to report from time to time to the legislature, if the same shall be in session, or to the executive council if the legislature shall have adjourned:

1. The number and nationality and residence of all agricultural laborers now employed in the Territory, showing the number engaged in each particular branch of agriculture.

2. The rate of wages paid to the different nationalities of such laborers in the different portions of the Territory.

3. The number, nationality and residence of all mechanics now employed in the Territory.

4. The rate of wages paid to the different nationalities of such mechanics in the different portions of the Territory.

5. The prices received by Hawaiian sugar planters for raw sugar.

6. The cost of producing sugar, showing, so far as practicable, the cost of each stage and process, and showing more particularly the proportionate cost of unskilled labor.

7. Whether or not an increased number of agricultural and other unskilled laborers will be needed in the near future, and if so, in connection with what industries and how many laborers will probably be required.

8. The trials which have been given to cooperative production, or profit sharing, in the production of sugar, rice or other agricultural products in this country, giving, so far as practicable, the details of the several agreements and methods adopted, and the results thereof.

9. Whether or not a system of cooperative production or profit sharing is feasible in connection with the main agricultural industries of the country; and if so, upon what lines.

10. Whether or not such a system of production has ever been adopted in any other country situated similarly to Hawaii, and in the production of similar products to those produced here; and if so, what the results were.

11. Whether or not there is anything in the climatic or other conditions in this country which render it physically impossible for Europeans and Americans to successfully engage in field labor in this country.

12. If Europeans and Americans are found capable of personal field labor, whether or not it is feasible to secure the immigration of a sufficient number of Europeans or Americans to supply the present and probable requirements for unskilled labor. If so, upon what terms and by what means, and from what countries.

13. What the effect of Chinese immigration has been in this country.

14. What the effect of restriction of such immigration has been. 15. Whether or not it is necessary or advisable to allow the further immigration of Chinese. If so, upon what conditions. 16. What the effect of Japanese immigration has been in this country.

17. Whether or not it is necessary or advisable to allow the further immigration of Japanese. If so, upon what conditions.

18. What the condition of field labor and of mechanics is and during the last few years has been in this country, as compared with other countries.

19. What rate of wages is paid in other countries to skilled and mechanical labor in the production of products similar to those raised here.

20. In what manner and to what extent men introduced as contract laborers have competed with the mechanical or business interests of the country.

21. Any other matters of a kindred character which will throw light upon the subject and tend to solve the problems incidental to the labor question in this country.

Information

SEC. 2149. It shall be the duty of all government officers, officers of corporations, and other persons, to furnish to such commission, to be furnished. upon its request, all information within their knowledge bearing upon the subject-matter of this act; and power is hereby conferred upon such commission, or a majority of its members, to issue subpoenas to witnesses to appear and testify before such commission, and to produce papers before it, in the same manner as subpœnas are issued by the supreme court. Disobedience or refusal to answer questions asked pursuant to any subpoena issued by such commission may be punished by any justice of the supreme court, on a certification to him by the commission or a majority of its members, of the fact of such disobedience; the punishment to be the same as that for disobedience of a subpoena of the supreme court.

Employment

SEC. 2150. The said commission is hereby authorized to employ a secretary or such other clerical assistance as may be necessary of assistance. in collecting and arranging the above information; also a stenographer and typewriter when required, and to fix the compensation of the same, subject to the approval of the minister of the interior; also to incur the necessary incidental expenses connected with the performance of the work of the commission, including traveling expenses of the members of the commission, and of witnesses summoned by them: Provided, however, That no expense shall be incurred for traveling beyond the limits of this Territory.

SEC. 2151. For the purposes of defraying the expenses of such commission there is hereby authorized to be drawn from the public treasury any balance that may remain unexpended from the amount appropriated for the expenses of the labor commission in Act IV of the executive and advisory councils of the Republic, after paying the expenses incurred by the said commission up to the time of the appointment of the commission provided for in this act. The money herein appropriated shall be drawn from the treasury in such manner and under such regulations as shall be prescribed by the executive council.

Expenses.

Duty of pre

sion.

SEC. 2152. As soon as practicable after the appointment of the commission provided for in this act, the commission provided for vious in Act IV of the executive and advisory councils of the Republic shall transfer thereto all books, papers, records and public property of every kind that may be in its possession or under its control, and shall thereupon cease to exist.

[The offices whose incumbents formed the "executive council" were abolished by chapter 339, Acts of Congress of 1899-1900. This includes the office of "minister of the interior," whose duties in connection with the above commission (section 2150) are not assigned.]

43967-08-20

commis

License reGuired.

Application.

Fee.

Violation.

Fee.

License.

Violation.

Definition.

Rates of wages.

Limitation of one year.

ACTS OF 1905.

ACT No. 46.—Examination and licensing of horseshoers.

SECTION 1. No person shall engage in the business of a horseshoer or a farrier for hire without first having a license so to do as provided herein.

SEC. 2. Any person who may wish to obtain a horseshoer's and farrier's license shall make a written application therefor to the treasurer wherein shall be stated the residence of the applicant, his age, the length of time and the place where the applicant has carried on his trade and the place where he intends to carry on his trade.

Before such application is granted the high sheriff or any sheriff of the Territory shall examine the applicant to determine whether he is a suitable person to carry on the trade of a horseshoer and farrier for hire, and on it being shown to the said high sheriff or sheriff that such applicant is a suitable person to engage in such trade, the fact shall be attested on said application by the examining high sheriff or sheriff.

SEC. 3. The license fee of farriers shall be five dollars per annum and payable to the treasurer.

SEC. 4. Whoever shall violate the provisions of this act shall be guilty of a misdemeanor and, on conviction, be fined not more than fifty dollars.

ACT No. 57.-Emigrant agents.

SECTION 1. The annual fee for a license for each emigrant agent, or employer or employee of such agent, doing business in this Territory, shall be five hundred dollars.

SEC. 2. The said license shall be issued in the same manner as is provided for the issuance of other licenses by chapter 102 of the Revised Laws of Hawaii, 1905.

SEC. 3. Any person who shall engage in business as an emigrant agent without first obtaining a license, issued in conformity with the provisions hereof, and of said chapter 102, or who shall violate or fail to observe any of the provisions hereof, or of said chapter, shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than the annual fee, and not more than twice the annual fee herein provided for the carrying on of such business.

SEC. 4. The emigrant agent, as used in this act, shall be held to mean a person engaged in hiring laborers in the Territory of Hawaii to be employed beyond the limits of the Territory, or engaged in inducing laborers in the Territory of Hawaii to go beyond the limits of the Territory of Hawaii for the purpose of being employed.

ACTS OF 1907.

ACT No. 98.-Rates of wages of employees on public works.

SECTION 1. From and after the passage of this act, the daily pay for each working day of each laborer engaged in constructing or repairing roads, bridges or streets, waterworks or other works either by contract or otherwise, for the Territory of Hawaii, or for any political subdivision thereof, shall not be less than one dollar and twenty-five cents.

ACT No. 113.-Actions for personal injuries—Limitations.

SECTION 1. Actions for the recovery of compensation for damage or injury to persons or property must be instituted within one year next after the cause of action accrued, and not after: Provided, That actions, on such causes, which accrued prior to the

approval of this act, if otherwise barred hereby, may be brought within one year after such approval and not later.

ACT NO. 119.-Employment of minors in saloons—Sale of liquor to employees..

SECTION 30. Licenses shall be subject to the following conditions and provisions:

Conditions of

license.

(4) That no holder of a license for a saloon business shall em- Minors not to ploy any minor in or about the room or place where intoxicating be employed. liquors are furnished or sold;

(5) That no intoxicating liquor shall be sold or furnished to Sale to emany person whose employer shall have given ployees.

notice as hereinafter provided, forbidding the sale of such liquor

to such person;

Employer

SEC. 63. A husband, wife, child, parent, guardian, employer or other person, or the legal representative of such person, who is may sue, when. injured in person, property or means of support by an intoxicated person who shall have been twice convicted of drunkenness or in consequence of the intoxication of such person so convicted, may bring either a joint action against the person intoxicated, and the person or persons who furnished the liquor and thereby in whole or in part caused such intoxication, or a separate action against either or any of them. SEC. 64. Any employer or [of] any person who by excessive use of intoxicating liquor injures his or her health, or tice. endangers or interrupts the peace and happiness of his or her family, or becomes a public nuisance, may give written notice to any licensee not to sell or furnish any intoxicating liquor to such person, and thereafter any licensee who sells, gives or in any manner furnishes any intoxicating liquor to such person shall be held liable in damage to such complainant upon suit brought in manner as mentioned in the last preceding section.

IDAHO.

CONSTITUTION.

ARTICLE 13.-Bureau of immigration, labor and statistics.

May give no

Bureau of im

Duties of

SECTION 1. There shall be established a bureau of immigration, labor and statistics, which shall be under the charge of a com- migration, etc. missioner of immigration, labor and statistics, who shall be appointed by the governor, by and with the consent of the senate. The commissioner shall hold his office for two years, and until his commissioner. successor shall have been appointed and qualified, unless sooner removed. The commissioner shall collect information upon the subject of labor, its relation to capital, the hours of labor and the earnings of laboring men and women, and the means of promoting their material, social, intellectual and moral prosperity. The commissioner shall annually make a report in writing to the governor of the State of the information collected and collated by him, and containing such recommendations as he may deem calculated to promote the efficiency of the bureau.

SEC. 8. The commissioner of immigration, labor and statistics shall perform such duties and receive such compensation as may be prescribed by law.

ARTICLE 13.-Hours of labor on public works.

SECTION 2. Not more than eight (8) hours' actual work shall constitute a lawful day's work on all State and municipal work.

Same subject.

Eight hours a day's work.