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as the same may be applicable, which said claim shall be verified, as in said section provided, and said liens may be enforced in the civil action, in the same manner, as near as may be, as provided in section 11 of chapter 2 of this act.
Sec. 2682 (as amended by chapter 71, acts of 1894). Every employer shall have a lien on the share or interest of his employee in any crop made under such employment, for all advances of money, and for the fair market value of other things advanced by him, or any one at his request, for supplies for himself and his family and business during the existence of such employment, which lien the employer may offset, recoup, or otherwise assert and maintain; and every employee, laborer, cropper, part owner, overseer or manager, or other person who may aid by his labor to make, gather, or prepare for sale or market any crop, shall have a lien on the interest of the person who contracts with him for such labor for his wages, share or interest in such crop, whatever may be the kind of wages or the nature of the interest, which lien such employee, laborer, cropper, part owner, overseer or manager, or other person may offset, recoup or otherwise assert and maintain. And such liens shall be paramount to all liens and incumbrances or right of any kind created by or against the person so contracting for such assistance, except the lien of the lessor of the land on which the crop is made, for rent and supplies furnished, as provided in the chapter on “Landlord and Tenant."
SEC. 2683. Said liens shall exist by virtue of the relation of the parties as employer and employee, and without any writing, or, if in writing, without recording.
In South Carolina (§ 2513. See also $ 1, note 1, above) :
Laborers working on shares of crops, or for wages in money or other valuable consideration, as hereinafter provided, shall have a lien upon said crop or crops, in whose hands soever it may be. Such portion of the crop or crops to them belonging, or such amount of money or other valuable consideration due, shall be recoverable by an action in any court of competent jurisdiction.
In Alabama ($ 3065) :
When one party furnishes the land and the team to cultivate it, and another party furnishes the labor, with stipulations, express or implied, to divide the crop between them in certain proportions, the contract of hire shall be held to exist, and the laborer shall have a sien upon the crop produced by his labor for the value of the portion of the crop to which he is entitled; and such lien shall have the same force and effect, and shall be enforced in the same manner, and under the same conditions, and in the same cases as the lien in favor of a landlord; but no more of the crop shall be levied on than may be necessary to satisfy the demand.
In North Dakota ($ 4826):
Any person who performs services for another in the capacity of farm laborer between the first day of April and the first day of December in any year, shall have a lien on all crops of every kind grown, raised or harvested by the person for whom the services were performed during said time as security for the payment of any wages due or owing to such person for services so performed, and said lien shall have priority over all other liens, chattel mortgages or incumbrances, excepting, however, seed grain and threshers' liens; Provided, however, That the wages for which a lien may be obtained must be reasonable, and not in excess of that which is usually charged for the same kind of work in the locality where the labor is performed; Provided, further, That in case any such person without cause quits his employment before the expiration of the time for which he is employed, or if he shall be discharged for cause, then he shall not be entitled to a lien as herein provided.
Sec. 2771. Whenever any person shall perform any labor, or render service to another in accordance with a contract, written or verbal, for cultivating soil, and shall produce a crop, he shall have a lien upon the crop produced, which shall be the results of his labor, for the payment of such wages as were agreed upon in the contract.
SEC. 2772. This lien shall exist three months from the fifteenth day oi November, of the year in which the labor is performed, and shall be enforced by execution or attachment, as landlord's liens are enforced; Provided, That an amount of such labor rendered be kept and sworn to before some justice of the peace, or clerk of the court issuing the writ of distraint of attachment.
Sec. 2773. This lien shall in no wise abridge or interfere with the landlord's lien for rent or supplies, as now established by law; but the same shall be second to the landlord's lien, and none other.
SEC. 1695. Any person who shall do labor upon any farm or land, in tilling the same or in sowing or harvesting or thrashing any grain, as laborer, contractor, or otherwise, or laboring upon, or securing or assisting in securing or housing any crop or crops sown, raised, or thrashed thereon during the year in which said work or labor was done, such person shall have a lien upon all such crops as shall have been raised
upon all or any of such land, for such work or labor, and every landlord shall have a lien upon the crops grown or growing upon the demised lands of any year for the rents accrued or accruing for such year, whether the same is paid wholly or in part in money or specific articles of property, or products of the premises, or labor, and also for the faithful performance of the lease; and the lien created by the provisions of this section shall be a preferred lien, and shall be prior to all other liens.
Sec. 1696. Any person claiming the benefit of this chapter must, within forty days after the close of said work and labor, or after the expiration of the term, or after the expiration of each year of the lease, for which any lands were demised, file for record with the county auditor of the county in which said work and labor was performed, or said demised lands are situated, a claim.
Sec. 1. UNITED STATES Law.---This subject has received the attention of Congress. The Interstate Commerce Act, the Anti-Trust Act, or Sherman Act, and the recent arbitration act, with the acts requiring safety couplings, etc., have largely covered the field.
SEC. 2. STATE LAWS.Some States have special statutes regulating the hours of labor upon railways (see Chap. I, Art. B, sec. 4). In many States the common law of liability of the employer for injuries caused by negligence of fellow servants is specially modified in railway employment (see Chap. I, Art. G, sec. 2). But these have necessarily been treated in connection with the statutes applying generally, and it seems unnecessary to devote a special section to this subject. SEC. 3. PROTECTION OF RAILWAY EMPLOYEES.
Many of the States have statutes for the protection of trainmen; as statutes regulating automatic couplers or buffers;' blocking of frogs or switches; * guards for overhead bridges;' and the height of bridges is usually regulated, to at least 18 feet in the clear; regulation of electric poles or wires crossing track;* power breaks from the locomotive;' and guard rails at bridges, to protect trusses.
SEC. 4. PROTECTION OF STREET RAILWAY EMPLOYEES. --Some States have statutes requiring platforms or fronts to be inclosed in winter.
1 Ohio 1898, p. 286; Mass. 1884, 222; 1895, 362; Conn. 3537; N. Y. P. C. 424; 1893, 544; 1896, 485; Ill. 114, 98; Mich. 1885, 147; Iowa 1890, 18; Nebr. 1794.
? Ohio 9822; 1898, p. 342; Mass. 1886, 120; 1894, 41; Me. 1889, 216; Vt. 1888, 22; R. I. 187,50; Colo. 1897, 69; Mich. 1883, 174; Wis. 1809a; Minn. 2681; Mo. 2627; Wash. 1899, 35.
*N. H. 159, 26; Vt. 1892, 65; N. Y. 1890, 565, 49; Mich. 3437; Ky. 776; La. 1882, 39. 4 Ohio 1898, p. 154.
5 Mass. ibid.; R. I. 187, 22; N. Y. 1896, 486; Ohio 1893, p. 184; Iowa 1890, 18; Nebr. 1796. 6 N. Y.
Mass. 1897, 452; N. H. 1899, 69; Conn. 1897, 241; N. J. 1897, 190; Ohio 1893, p. 220; Ind. 1895, 71; Kans. 1897, 172; Nebr. 1897, 54; Mich. 1895, 9; Wis. 1895, 279; Minn. 2767; Wash. 1895, 144; Va. 1898, 181; Mo. 1897, 102.
ART. A. THE APPRENTICE SYSTEM.
Most of the States have still upon their statute books elaborate apprentice laws, but they have generally fallen into complete disuse; and even in States where conditions might still warrant the apprentice system the regulations of the labor unions have stepped in to interfere. A digest of the apprentice laws will be found in the second special report of the United States Commissioner of Labor, 1896, pp. 14-33.
ART. B. INDUSTRIAL SCHOOLS.
The subject of industrial education has not received the attention it deserves. Undoubtedly some such instruction is given in the ordinary common schools, and a few States have established separate manual training or industrial schools, and doubtless in several States, as in Massachusetts, the cities or towns have established such schools without a special statute. Such action was declared legal by the courts of Massachusetts, where the city of Lowell had established a textile school without express statute authority. Now a statute provides for the establishment of such schools in cities having in operation 450,000 spindles.
PUBLIC LIBRARIES, LECTURES, READ
ING ROOMS, ETC.
SEC. 1. LIBRARIES.—Most of the large cities and many of the towns in the North and East have free public libraries. In the State of Massachusetts a very few towns out of several hundred are without them. The matter should be mentioned while treating of industrial education, as public libraries undoubtedly largely supplement the work of the public schools and help to supply the want of special industrial schools, or a more elaborate system of industrial education.
SEC. 2. FREE LECTURES FOR WORKINGMEN.—These have been authorized by statute in Massachusetts, New York, and New Jersey, but may have been established in cities of other States without special statute.
Mass. 1898, 496; Conn. 2118; N. Y. 1888, 334; 1894, 566; N. J. 1888, 38; Ohio 8695; Ind. 5948; Ill. Chap. 122; Wis. 1895, 358; Ga. 1884, p. 72.
?N. J. Sup. p. 375; 1887, 173; 1894, 349; Ohio 760, 763, 768, 943; 8696; Ill. ibid. ; Kans. 1893, 176; Md. 1898, 273; Colo. 2167–2182; 2187-2198; N. Dak. Const. § 216 Pol. C. 885, 974; N. C. 1891, 139; Ga. 1273; Ala. 1891, 449; La. 1894, 68. 3 Mass. 1895, 475.
The New York law requires them to be given in the evening in the public schoolhouses--one, at least, in each ward (see Mass. 1893, 208; N. Y. 1888, 545; 1891, 71 and 43; N. J. 1895, 48).
In Michigan (1891, 137) the State board of agriculture is empowered to hold institutes and maintain courses of reading and lectures for the instruction of citizens in agriculture, mechanic arts, domestic economy and the sciences relating thereto, one such course to be given in each county where a farmers' institute society numbering 20 persons has been formed.
ART. D. LICENSING OF TRADES.
Possibly consequent on the decrease of the apprentice system there is a rapid increase in the laws regulating or restricting employment in specified trades and requiring that they shall not be practiced, except by persons who have had certain instruction or experience. Such legislation will usually be found also in the statutes regulating mining labor. (See Chap. 5). A brief table of the trades hitherto regulated in the several States, with a rough indication of the nature of qualification required, is here appended in the note.'
1 Stationary engineers (examination by board): Md. 1898, 123, 426–430; Mass. 1896, 546; 1895, 471; Ill. 24, 424; Minn. 480; Mont. Pol. C. 550; D. Č., U. S. 1887, 272.
Plumbers or gasfitters (examination by board): N. H. 1899, 55; Md. 1898, 123, 509; D. C. 1898, 467; Wis. 1897, 338; Wash. 1897, 80; Minn. 1897, 319; Tex. 1897, 163; Ill. 1897, p. 279; Mass. 1897, 265; 1894, 455; N. Y. 1892, 602; Pa. 1895, 133; Mich. 1895, 10; Cal. Pol. C., p. 459; Colo. 1893, 132.
Horseshoers (examination by board): Md. 1898, 491; Minn. 1897, 128; N. Y. G. L. 32, Art. 12, 1899, 558; Ill. 1897, v. 233; Mich. 1899, 229; Colo. 1897, 54.
Barbers (examination by board): Minn. 1897, 186; Mo. 1899, p. 44.