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PROTECTION OF WAGES OF EMPLOYEES, ETC., OF
Supplemental to the liens granted as set forth in the foregoing digest, a number of States, provide for a form of protection of the wages due employees of contractors and of the amounts owing persons supplying materials, etc., to such contractors, which differs in some important respects from such liens. It will be noted in the above summary that in certain States, as Indiana, New York, and Ohio, the funds for public works or improvements are subject to liens in the hands of the officials in charge of such works, for the protection of the interests of the employees of the contractors performing the work. The law of Ohio is applicable also to private undertakings, while the Mississippi law applies to contractors and master workmen without designation. A few States have laws differing from these in not granting a lien on such funds, but in directing the principals to retain funds due contractors on notice from laborers and subcontractors, subject to an adjustment of claims. These are Colorado, Supplement, sections 2888 to 2891, for labor on public works; Michigan. Compiled Laws, sections 5243 to 5245, and Missouri, Revised Statutes, section 1057, for labor in the construction or repair of a railroad.
I third form of protection of the wages of employees of contractors is the requirement that such contractors shall, prior to entering upon the work, give a bond to the companies or officials with whom the contract is made. This is to run to the contracting company or official or board, or to the State, as the law may direct, and is for the use of persons claiming as laborers or material men to whom the contractor is indebted. These laws are quite uniform in their provisions and a single one will serve as a sufficient presentation of their form and scope. The law of the State of Washington relating to contracts for public works contains the customary provisions, except that in some States a special limitation is provided, while in others the general law as to limitations of actions is relied on. The law of Washington follows:
Security for wages of employees on public works-Contractors'
SECTION 5925. Whenever any board, council, commission, trus
Bond to be tees or body acting for the State or any county or municipality or
required. other public body shall contract with any person or corporation to do any work for the State, county or municipality, or other public body, city, town or district, such board, council, commission, trustees or body shall require the person or persons with whom such contract is made to make, execute and deliver to such board, council, commission, trustees or body a good and sufficient bond, with two or more sureties, conditioned that such person or persons shall pay all laborers, mechanics and subcontractors and material men, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the
carrying on of such work, all just debts, dues and demands incurred in the performance of such work, which bond shall be filed with the couuty auditor of the county where such work is performed or improvement made, and, any person or persons performing services or furnishing material to any subcontractor shall have the same right under the provisions of such bond as if such work,
services or material was furnished, to the original contractor. Failure to require bond.
SEC. 5926. If any board of county commissioners of any county, or mayor and common council of any incorporated city or town, or tribunal transacting the business of any municipal corporation shall fail to take such bond as herein required, such county, incorporated city or town, or other municipal corporation, shall be liable to the persons mentioned in the last preceding section, to the full extent and for the full amount of all such debts so con
tracted by such contractor. Amount of
Sec. 5927 (as amended by chapter 105, Acts of 1899). The bond bond. mentioned in section
(5925) shall be an amount equal to the full contract price agreed to be paid for such work
or improvement, and shall be to the State of Washington, and all who may such persons mentioned in said section
shall have a claim benefit.
right of action in his, her, or their own name or names on such bond, for the full amount of all debts against such contractor, or for work done by such laborers or mechanics, and for materials furnished or provisions and goods supplied and furnished in the
prosecution of such work, or the making of such improvements: Limitation. Provided, That such persons shall not have any right of action on
such bond for any sum whatever, unless within thirty (30) days from and after the completion of the contract with and acceptance of the work by the board, council, commission, trustees, or body acting for the State, county or municipality, or other public body, city, town or district, the laborer, mechanic or subcontractor, or material man, or person claiming to have supplied materials, provisions or goods for the prosecution of such work, or the making of such improvement, shall present to and file with such board, council, commission, trustees or body acting for the State, county or municipality, or other public body, city, town or district, a
notice in writing Notice. Such notice shall be signed by the person or corporation making
the claim or giving the notice; and said notice after being pre
sented and filed shall be a public record open to inspection by any Bond to city. person: Provided, further, That where by the charter of any
city a contractor with such city is required to enter into a bond to such city, for the use of said city and also for the use of all persons who may perform or cause to be performed any work or labor, or furnish or cause to be furnished any skilled labor, or material in the execution of such contract, conditioned to perform the contract and conditioned also to pay as they become due all just claims for all work and labor upon said contract, and all skill or labor and materials furnished in the execution of such contract, and where such bond is taken to such city in an amount equal at least to the full contract price agreed to be paid for such work or improvement, then no such or additional bond to the State of
Washington need or shall be required or taken. The States having similar laws, as well as their application, are set forth below.
California.-Public works, Sims' General Laws, 1906, No. 2895.
District of Columbia.--Public works, Acts of U. S. Congress, 1898–1899, chapter 218.
Indiana.-Public works, Annotated Statutes of 1901, sections 43000, 4300c, 5592, 5593.
Kansas.-Public works, General Statutes of 1901, sections 5130, 5131; Railroad construction, sections 5864, 5865.
Louisiana.-Any undertaking in cities of 10,000 or more where the amount involved is $1,000 or over ; Acts of 1894, No. 180; Acts of 1906, No. 134.
Maine.-Railroad construction, Revised Statutes of 1903, chapter 51, section 47.
Massachusetts. Public works, Revised Laws of 1902, chapter 6, section 77; chapter 25, section 57; Acts of 1904, chapter 319.
Michigan.-Public works, Acts of 1905, No. 187.
Minnesota.-Public works, Revised Laws, sections 4535 to 4539; Railroad construction or repair, sections 2919, 2920.
Missouri.-Public works, Revised Statutes of 1893, sections 5084, 6761, 6762.
Washington.-Public works, Codes and Statutes of 1897, sections 5925 to 5927; Railroad construction, Acts of 1905, chapter 116.
Wisconsin.- Public works, Supplement, section 3327a.
United States.-Public works, Compiled Statutes, page 2523; Acts of 1904–5, chapter 778.
EARNINGS OF MARRIED WOMEN.
The individual earnings of married women are by statute secured to their personal disposition and control in the following jurisdictions:
Alabama.-Code of 1907, section 4487.
District of Alaska.--Acts of U. S. Congress, 1899, 1900, chapter 786, title 2, section 28.
District of Columbia.-Code, section 1151.
North Carolina.-Constitution, article 10, section 6; Revisal of 1905, section 2093.
North Dakota.-Revised Codes of 1905, section 4082.
Utah.—Compiled Laws of 1907, section 1201.
EXEMPTION OF MECHANICS FROM THE REQUIREMENT
OF PROCURING A PEDDLER'S LICENSE.
The States which require peddlers generally to procure a license before engaging in their business, but which exempt persons selling goods of their own manufacture from this requirement, are as follows:
Arkansas.-Digest of 1904, sections 6876, 6877.
Massachusetts.--Revised Laws of 1902, chapter 65, section 15 (amended by chapter 315, Acts of 1906).
Michigan.-Compiled Laws of 1897, section 5330.
LIABILITY OF STOCKHOLDERS OF CORPORATIONS
FOR WAGE DEBTS DUE EMPLOYEES.
The following States make stockholders in the designated corporations liable for debts owed employees for labor:
Indiana.- Manufacturing and mining corporations, Annotated Statutes, edition of 1901, section 5077; railroad corporations, section 5198 ; union railroad corporations, sections 5231, 5249; steam packet companies, section 5419; navigation companies, section 5449n; street railway companies, section 5471.
Massachusetts.--Business corporations generally, Acts of 1903, chapter 437, section 33.
Michigan.—Corporations and joint stock associations generally, Constitution, article 15, section 7. Statutes have been passed in furtherance of the above provision relating to a number of specified classes of corporations.
New Jersey.-Gaslight companies, General Statutes of 1995, page 1610; navi. gation companies, page 2319.
New York.–Stock companies generally, Birdseye's General Statutes, third edition, page 3422. Railroad companies are liable as such, on the observance of the prescribed formalities, page 2937.
North Carolina.- Railroad companies. Revisal of 1990., section 2556.
North Dakota.-Corporations engaged in mining, manufacturing, and industrial pursuits, Revised Codes of 1905, section 4517.
Oklahoma.--Corporations engaged in mining, manufacturing, and other industrial pursuits, Statutes of 1893, paragraph 1074.
Pennsylvania.—Corporations generally, Brightly's Purdon's Digest, 1895, page 423. A number of classes of corporations are also designated in separate laws.
South Dakota.- Mining and manufacturing companies, Civil Code, section 783.
Tennessee.--Corporations generally, Shannon's Supplement, page 351, section 1p. A number of classes of corporations are also designated in separate laws.
Wisconsin.-Every corporation other than railroads, Annotated Statutes of 1898, section 1769.
TRADE-MARKS OF TRADE UNIONS.
The laws of a number of States secure to labor organizations the right to register, use, and protect from counterfeit or unauthorized use the trade-marks or labels chosen by them to distinguish the products of union labor from other goods or manufactured articles.
The law of the State of Connecticut on this subject is reproduced herewith, as being fairly representative of laws of this class:
Trade-marks of trade unions.
SECTION 4907 (as amended by chapter 151, Acts of 1907). When- Counterfeiterer any person, or any association or union of workingmen, has ing, etc., un.
lawful. heretofore adopted or used, or shall hereafter adopt or use, any label, trade-mark, term, design, device, or form of advertisement for the purpose of designating, making known, or distinguishing any goods, wares, merchandise, or other product of labor as having been made, manufactured, produced, prepared, packed, worked upon, or put on sale by such person or association or union of workingmen, or by a member or members of such association or union, and shall have recorded such label, trade-mark, term, design, device, or form of advertisement as hereinafter provided in section three of this act, it shall be unlawful for any person or corporation to counterfeit or imitate such label, trade-mark, term, design, device, or form of advertisement, or to use, sell, offer for sale, or in any way utter or circulate, any counterfeit or imitation of such label, trade-mark, term, design, device, or form of advertisement. Every person willfully and knowingly violating any provision of this section shall be fined not less than one hundred dollars nor more than two hundred dollars, or imprisoned not less than three months nor more than one year, or both.
SEC. 4909 (as amended by chapter 151, Acts of 1907). Every Label may be such person, association, or union that has adopted or shall adopt filed. a label, trade-mark, term, design, device, or form of advertisement, as aforesaid, may file the same for record in the office of the secretary of the state by leaving two copies, counterparts, or facsimilies thereof, with the secretary of the state. Said secretary sball deliver to such person, association, or union so filing the same a duly attested certificate of the record of the same. Such certificate of record, or a duly certified copy thereof, shall, in all suits and prosecutions under sections 4907, 4910, and 4911 as amended, and section 4912, be sufficient proof of the adoption of such label, trade-mark, term, design, device, or form of advertisement, and of the right of said person, association, or union to adopt the same. No label shall be recorded that would probably be mistaken for a label already of record.
All records or certificates of the record of labels, trade-marks, terms, designs, devices, or forms of advertisement which may, prior to the passage of this act, have been made or delivered in compliance with, or in attempted compliance with, sections 4907 and 4909 of the General Statutes, are hereby validated and shall have the same force and effect as if made or delivered under and pursuant to the provisions of this act.
SEC, 4910 (as amended by chapter 151, Acts of 1907). Every Enjoining such person, association, or union adopting a label, trade-mark, counterfeits, term, design, device, or form of advertisement, as aforesaid, and having duly recorded the same as hereinbefore provided, may enjoin the manufacture, use, display, or sale of any counterfeit or imitation thereof, or the sale of goods bearing any counterfeit or imitation thereof, either in its identical form, or in such near resemblance thereto as is calculated or liable to deceive; and all courts having jurisdiction thereof shall grant injunctions to restrain such manufacture, use, display, or sale, and shall award