Illinois, Minnesota, and others have recently adopted laws so obviously aimed at labor disorders, and so original in their provisions, that I have deemed it worth while to summarize them in a footnote.1

'Indiana (1895, 53):

Whenever there shall be in any city, town or county, any tumult, riot, mob, or any body of men acting together by force, with intent to commit any felony or misdemeanor, or to offer violence to any person or property, or by force and violence to break and resist the laws of this state, or the laws or authorities of the United States, or any such tumult, riot or mob shall be threatened, and the fact be made to appear to the governor or the mayor of any city or any court of record, or judge thereof, or to any sheriff or deputy, the governor may issue his written order directing the senior or other military officers to turn out such portion of his command as may be necessary to quell, suppress or prevent such tumult or threatened tumult, and the officer or member of the militia who shall fail promptly to obey such orders shall be cashiered. Whenever it becomes necessary, in order to sustain the supremacy of the law, that the troops should fire upon a mob, person or persons, the officer in command shall direct when the order to fire shall be given and when the firing is to cease. No such officer shall, under any pretence or in compliance with any order, fire blank cartridges on a mob, under penalty of being cashiered under sentence of court martial. Any person interrupting, molesting, etc., any officer or enlisted man of the militia, etc., may be immediately arrested and kept confined at the discretion of the commanding officer until sunset, or for such reasonable time as may be necessary to procure his arrest by the civil authorities, and such offender may be arrested and punished by a court of competent jurisdiction as for a breach of the peace.

In Illinois (38, 248–256r):

If two or more persons shall meet to do an unlawful act upon a common cause of quarrel, and make advances toward it, they are guilty of riot. If they actually do an unlawful act with force or violence against the person or property of another, with or without a common cause of quarrel, or even do an unlawful act in a violent and tumultuous manner, they are guilty of riot. If they assemble together to do an unlawful act, and separate without doing it, they are guilty of unlawful assembly; and if they do not disperse on being desired or commanded to do so by an officer of the peace, they are liable to a fine. When twelve or more persons, and all of them armed

* *

* * *

may

with clubs or dangerous weapons, or thirty or more armed or unarmed, are unlawfully, riotously, or tumultuously assembled * the municipal officers, constables, justice of the peace, sheriff of the county, shall go among them, and command them to disperse, and if they do not obey they shall command assistance from all persons present, and every person refusing to disperse or to assist as aforesaid is deemed one of such unlawful assembly. Any two of the magistrates require the aid of a sufficient number of persons in arms or otherwise to suppress such assembly, and such armed force shall obey the orders which they receive from the governor, any judge of a court of record, any sheriff or any two magistrates or officers. If in such efforts any persons are killed or wounded said magistrates, officers, and other persons shall be justified in law. If any of said magistrates, officers or persons acting with them are killed or wounded all persons so unlawfully assembled or refusing to give assistance shall be held answerable therefor.

There are also provisions prescribing heavy punishment for such persons so assembled pulling down or beginning to destroy any property, and the city or county is liable to three-fourths of the damages, though the person injured preserves his remedies against the persons actually doing the injury, and the city or county has a lien upon any damages that may be recovered against them. The sheriff may swear any number of deputies or he may make requisition on the adjutant-general of the state for arms, or upon the governor for the militia. The military force are to report to the civil officer so applying for aid, or to such civil officer as the governor shall designate and act under his orders. It is made the duty of the governor in such cases of tumult, etc., to order such military force as he deems necessary to aid the civil authorities. Persons molesting the militia or officers may be put under guard, and turned over to the civil authorities.

The Wisconsion statute (4511-4519) and that of Minnesota (6930-6936), Nebraska, (6677-6681), South Dakota (6677-6684), are substantially similar, except that they leave out the provisions making counties or towns liable for damages.

In Texas (P. C. 295, 304):

TITLE 9.-Riot.

ARTICLE 295. If the persons unlawfully assembled together do, or attempt to do, any illegal act, all those engaged in such illegal act are guilty of riot.

ARTICLE 304. If any person, by engaging in a riot, shall prevent any other person

SEC. 7. RESPONSIBILITY OF TOWNS, ETC., FOR RIOTS.-This is not a common-law liability, and must rest upon the statutes, which, howfrom pursuing any labor, occupation or employment, or intimidate any other person from following his daily avocation, or interfere in any manner with the labor or employment of another, he shall be punished by confinement in the county jail not less than six months nor more than one year.

And in Ohio (1895, p. 136) and Michigan (1899, 252):

Any collection of individuals, assembled for any unlawful purpose, intending to do damage or injury to anyone or pretending to exercise correctional power over other persons by violence, and without authority of law, shall for the purpose of this act be regarded as a “mob," and any act of violence exercised by them upon the body of any person shall constitute a "lynching."

The term "serious injury," for the purposes of this act, shall include any such injury as shall permanently or temporarily disable the person receiving it from earning a livelihood by manual labor.

Any person who shall be taken from the hands of the officers of justice in any county by a mob, and shall be assaulted by the same with whips, clubs, missiles, or in any other manner, shall be entitled to recover from the county in which such assault shall be made the sum of one thousand dollars as damages, by action as hereinafter provided.

Any person assaulted by a mob and suffering lynching at their hands, shall be entitled to recover of the county in which such assault is made the sum of five hundred dollars; or if the injury received is serious the sum of one thousand dollars; or if it result in permanent disability to earn a livelihood by manual labor, the sum of five thousand dollars.

The legal representative of any person suffering death by lynching at the hands of a mob, in any county of this State, shall be entitled to recover of the county in which such lynching may occur the sum of five thousand dollars damages for such unlawful killing. Said recovery shall be applied first to the maintenance of the family and education of the minor children of the person so lynched, if any be left surviving him, until such minor children shall become of legal age, and then be distributed to the survivors, share and share alike, the widow receiving a child's share. If there be no wife or minor children left surviving such decedent, the said recovery shall be distributed among the next of kin according to the laws for the distribution of the personalty of an intestate. Such recovery shall not be regarded as a part of the estate of the person lynched, nor be subject to any of his liabilities. Any person suffering death or injury at the hands of a mob engaged in an attempt to lynch another person, shall be deemed within the provisions of this act, and he or his legal representatives shall have the same right of action thereunder as one purposely injured or killed by such mob.

Actions for the recoveries provided for in this act may be begun in any court having original jurisdiction of an action for damages for malicious assault, within two years of the time of such lynching.

An order to the commissioners of any county against which such recovery may be made, to include the same with costs of action in the next succeeding tax levy for said county, shall form a part of the judgment in every such case.

Any person entitled to a share in any recovery under this act who shall consent to a release or compromise of such claim in consideration of the payment of any sum less than the full amount of said recovery, shall be liable to indictment for a misdemeanor and punished, at the discretion of the court, as in other misdemeanors.

In case the decedent has left minor children him surviving, the fund shall be turned over to a regularly appointed guardian, who shall apply the same under the direction of the judge of probate, allowing not more than five hundred dollars for counsel fees in the action for such recovery.

The county in which any lynching shall occur shall have a right of action to recover the amount of any judgment rendered against it in favor of the legal representatives of any person killed or seriously injured by a mob, including costs, against any of the parties composing such mob. Any person present at such lynching shall be deemed a member of the mob and shall be liable in such action.

In case a mob shall carry a prisoner into another county or shall come from another county to commit violence on a prisoner brought from such county for safe-keeping, the county in which the lynching was committed may recover the amount of the judgment and costs against the county from which the mob came, unless there was contributory negligence on the part of the officials of said county in failing to protect the prisoner or disperse said mob.

Nothing in this act shall be held to relieve any person concerned in such lynching for (from) prosecution for homicide or assault for engaging therein.

ever, have been passed in several States. See examples in section 6 and note.1

1Thus, by a new statute of Kentucky (1894, 1,8):

If, within any city, any church, convent, chapel, dwelling house, or house used or designed for the transaction of lawful business, or ship or shipyard, boat or vessel, or railroad, or property of any kind belonging to any street or other railroad company, or any article of personal property, shall be injured or destroyed, or if any property therein or thereon shall be taken away or injured by any riotous or tumultuous assemblage of people, the full amount or the damages so done shall be recoverable by the person injured by action against the city if the authorities thereof have the ability of themselves or with the aid of their own citizens to prevent such damage; but no such liability shall be incurred by such city unless the authorities thereof shall have had notice or good reason to believe that such riot or tumultuous assemblage was about to take place, or having taken place, shall have had notice of the same in time to prevent said injury or destruction, either by their own force or by the aid of the citizens of such city. No persons shall maintain such action who shall have unlawfully contributed by word or deed toward exciting or inflaming such tumult or riot, or who shall have failed to do what he reasonably could toward preventing, allaying or suppressing it.

In South Carolina (1893, 12):

SEC. 203. In all cases where any dwelling house, building, or any property, real or personal, shall be destroyed in consequence of any mob or riot, it shall be lawful for the person or persons owning or interested in such property to bring suit against the county in which such property was situated and being, for the recovery of such damages as he or they may have sustained by reason of the destruction thereof; and the amount which shall be recovered in said action shall be paid in the manner provided by section 202 of this chapter.

SEC. 204. No person or persons shall be entitled to the recovery of such damages if it shall appear that the destruction of his or their property was caused by his or their illegal conduct, nor unless it shall appear that he or they, upon knowledge had of the intention or attempt to destroy his or their property, or to collect a mob for that purpose, and sufficient time intervening, gave notice thereof to a constable, sheriff or trial justice of the county in which such property was situated and being; and it shall be the duty of such constable, sheriff or trial justice, upon receipt of such notice, to take all legal means necessary for the protection of such property as is attacked, or threatened to be attacked; and if such constable, sheriff or trial justice, upon receipt of such notice, or upon knowledge of such intention or attempt to destroy such property, in any wise received, shall neglect or refuse to perform his duty in the premises, he or they so nelecting or refusing shall be liable for the damages done to such property, to be recovered by action, and shall also be deemed guilty of a misdemeanor in office, and on conviction thereof shall forfeit his commission.

SEC. 205. Nothing in the foregoing sections of this chapter shall be construed to prevent the person or persons whose property is so injured or destroyed from having and maintaining his or their action against all and every person and persons engaged or participating in said mob or riot, to recover full damages for any injury sustained: Provided, however, That no damages shall be received by the party injured against any of the said rioters for the same injury for which compensation shall be made by the county.

SEC. 206. It shall be lawful for the county supervisor of the county against which damages shall be recovered under the provisions of this chapter to bring suit or suits in the name of the county against any and all persons engaged or in any manner participating in said mob or riot, and against any constable, sheriff, trial justice, or other officer charged with the maintenance of the public peace, who may be liable, by neglect of duty, to the provisions of this chapter, for the recovery of all damages, costs and expenses incurred by said county; and such suits shall not abate or fail by reason of too many or too few parties defendant being named therein.

SEC. 207. Sheriffs, constables, and other officers in the several circuits or counties vested with powers of arresting, imprisoning and bailing offenders against the laws of this State, are hereby specially authorized and required to institute proceedings against all and every person and persons who shall violate the provisions of the preceding sections of this chapter, and cause him and them to be arrested, imprisoned, or bailed, as the case may require, for a trial before such court as shall have jurisdiction of the offense.

SEC. 208. The circuit courts of this State, within their respective circuits, in the

counties of which the circuits are respectively composed, shall have cognizance of all offenses committed against the provisions of Sections 198 to 206, inclusive, of this chapter.

And in Rhode Island (1896, 278):

SEC. 9. Whenever any property of the value of fifty dollars or more shall be destroyed or be injured to that amount by any persons to the number of six or more unlawfully, routously, riotously or tumultuously assembled, the town or city within which said property was situated shall be liable to indemnify the owner thereof to the amount of three-fourths of the property so destroyed or three-fourths of the amount of such injury thereto, to be recovered in an action of the case in any court proper to try the same, provided the owner of such property shall use all reasonable diligence to prevent its destruction or injury by such unlawful assembly and to procure the conviction of the offenders.

SEC. 10. Any town or city which shall pay any sum under the provisions of the preceding section, may recover the same against any or all of the persons who shall have destroyed or injured such property.

CHAPTER X.

UNIONS OR COMBINATIONS OF EMPLOYERS, TRUSTS, ETC.

2

SEC. 1. BLACKLISTING (see also Chap. IX, Art. B, § 3; Chap. I, Art. F). Most of the States have now adopted statutes against blacklisting. In North Dakota (§ 212) and Utah (Con. 16, 4) the exchange of blacklists by corporations, or in Utah by any persons, is forbidden by the constitution. Many States make it a penal offense willfully to prevent discharged employees,1 or in some States any persons, from obtaining a situation. In some States the employee must be furnished with the cause of his discharge in writing, but a truthful statement of the reason for such discharge may be furnished other employers.* Finally, in New York, Connecticut, Illinois, Iowa, and other States the exchange of blacklists is merely prohibited under that name.5 Important typical statutes are copied below." False reports, etc., only are prohibited in Missouri and Arkansas."

1Conn. 1897, 184; Ind. 7076-8; Iowa 1888, 57; Kans. 1897, 144; Mont. Pol. C. 33903392; Ga. 1891, p. 183; Colo. 239, 240; Nev. 1895, 75; Va. 1892, 622; Ala. 3763; Okla. 1897, 13, 4; Utah 1896, 6; Fla. 1893, 4207.

2 Wis. 4466b; Minn. 1895, 174; Mo. 1891, p. 122; N. Dak. P. C. 7041-7042; Wash. 1899, 23.

3Ohio (in railways only) 1890, p. 149, 1; Colo., Ind., Kans., Mont., Ga., Fla. This latter part of the statute was declared unconstitutional in Georgia (Wallace v. Georgia C. & N. Rwy. Co., 22 S. E., 579).

* Ind., Ill. 38, 46; Iowa, Wis., Va., Mont., Ga., Fla.

5 Ind., Ill. Wis., Minn., Mo. 1891, p. 122; Iowa, Mont., Colo. 239; 1897, 31; Ga. ib.; Utah, Okla. ib.; N. Dak. P. C. 7041, 7042; Wash.

6Thus, in Indiana (7076-7078), Iowa (1888, 57), Montana (Pol. C. 3390-2), Georgia (1891, p. 183), and Florida (1893, 4207):

If any person, agent, company or corporation, after having discharged any employee from his or its service, shall prevent, or attempt to prevent, by word or writing of any kind, such discharged employee from obtaining employment with any other person, company or corporation, such person, agent or corporation shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars nor less than one hundred dollars, and such person, agent, company or corporation shall be liable in penal damages to such discharged person, to be recovered by civil action; but this section shall not be construed as prohibiting any person or agent of any company or corporation from informing in writing any other person, company or corporation, to whom such discharged person or employee has applied for employment, a truthful statement of the reasons for such discharge.

If any railway company or any other company or partnership or corporation in this State shall authorize, allow or permit any of its or their agents to blacklist any discharged employees, or attempt by words or writing, or any other means whatever, to prevent such discharged employee, or any employee who may have voluntarily left said company's service, from obtaining employment with any other person, or company, said company shall be liable to such employee in such sum as will fully compensate him, to which may be added exemplary damages.

It shall be the duty of any person, agent, company or corporation, after having discharged any employee from his or its service, upon demand of such discharged