monthly, Ind. 7056; Mo. 2538; Cal. 1897, 170. In Connecticut 80 per cent only need be paid weekly, the balance monthly, and no discount allowed for wages paid in advance (1752). The Massachusetts statute (1898, 481) amended the law which previously applied to all persons having more than 25 employees, so that it now applies to any manufacturer regardless of the number; but in Maine, only to employers having as many as 10 employees; but there seems to be no penalty imposed except upon corporation employers for breach of the law. In New Jersey, Pennsylvania, *Indiana, Ohio, Virginia, West Virginia, and Tennessee the law applies only to mining and manufacturing employments; in Tennessee to railroads also; in Kentucky to mining employers employing as many as 10 persons; in New York, Illinois, Kansas, Ohio, and Maine to all companies except steam surface railways, as to which the New York requires monthly payments not later than the 20th of the month. The Indiana law makes exception of employees engaged in interstate commerce.

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In New York and Massachusetts the law does not apply to steam railroads, whose employees may, in New York, be paid monthly on or before the 20th. In Iowa, Missouri, Kentucky, and Wyoming the law only applies to mining labor. In Kentucky, if the employer is "unable to make such payment," he may give a duebill.

The times of such periodical payments are further defined in several States; thus, not later than Friday in each week in Kansas, or 8 days after the week's expiration in New Hampshire and Connecticut, or 6 days thereafter in New York, Indiana, Illinois, and Massachusetts. In Missouri, Pennsylvania, Kentucky, and Wyoming the full amount due up to within 15 days must be paid; but 10 days in Ohio, 9 days in Rhode Island, 8 days in Maine, 12 days in New Jersey, and 20 days in West Virginia. In Allegany County, Md., if the wages of miners or manufacturing employees remain unpaid 30 days, the court may appoint a receiver of the delinquent employer.

Assignments of wages to evade the statute made to the employer, or anyone on his behalf, are declared invalid in New York, New Jersey, Indiana, Pennsylvania, Illinois, California. Employers failing to comply with these laws are commonly made liable to a fine, or, in Missouri, Kansas, and Indiana, to increased damages to the employee; or, in Connecticut, half the penalty to the person suing. In West Virginia there appears to be no penalty.

SEC. 3. MONEY OF WAGE PAYMENTS.-The English antitruck act, passed in 1831, has been copied in many of the States, outside of New England, in laws providing generally that laborers may be paid only in money, not in goods or orders, even orders for the payment of

stock association, its lessee or other person carrying on the business thereof, shall fail to pay the wages of an employee as provided in this article, it shall forfeit to the people of the State the sum of fifty dollars for each such failure, to be recovered by the factory inspector in his name of office in a civil action; but an action shall not be maintained therefor, unless the factory inspector shall have given to the employer at least ten days' written notice, that such an action will be brought if the wages due are not sooner paid as provided in this article.

On the trial of such action such corporation or association shall not be allowed to set up any defense, other than a valid assignment of such wages, a valid set-off against the same, or the absence of such employee from his regular place of labor at the time of payment, or an actual tender to such employee at the time of the payment of the wages so earned by him, or a breach of contract by such employee or a denial of the employment.

2

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money; but in many States where the law has been questioned the courts have held it unconstitutional. Thus, in many States the law is that all employers of labor may pay only in lawful money and not in goods or orders upon company stores or any other stores, nor may (except in Maryland and New Mexico) he set off money so due for goods against money due for wages, even by a voluntary contract of the laborer. In other States the weekly payment statute (§ 2 above) mentions that such payments must be in lawful money" (N. J., Ind., W. Va.,* Ky). In others the statute is the same, but it applies only to corporation employers. In some the law applies only to certain industries, such as mining. In Maryland its operation is upon railways and mining companies and is made local to Allegany or Garrett County, and applies only to corporations employing ten or more hands. In Ohio the employer may give orders on stores, etc., "in which he is not interested, directly or indirectly, and any such order is held to be an instrument for the payment of money on demand, and may be sued on as such" (Ohio 7015-1, annulled as unconstitutional). The employer offending is usually made guilty of a misdemeanor, or liable to the employee in damages, or for a penalty, and contracts to the contrary are forbidden."

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8

And in other States the money payment must either be cash or orders in lawful money, payable at a limited period,' or at sight. (And compare also § 4, below.) But in several of these States the statute expressly provides that checks, notes, or orders for money may be given, payable at any time, though in Ohio and South Carolina they must be checks on a bank. Bank bills may, however, be used, though not legal tender, with the employee's consent. And the Texas lien law requires all payments to laborers to be made in cash.

9

10

In Louisiana there is a new law prohibiting the issue of checks or tickets redeemable in goods alone by any person, firm, or corporation; and such checks, etc., must be redeemed in money." And a new statute in Missouri makes it a misdemeanor for any person or corporation to pay wages in orders, etc., not redeemable in money at their face value, and not to redeem the same at any time during business hours when

1N. J. Rev., pp. 750, 1375; Sup., p. 771; 1899, 38; Pa.* 1881, June 29 (held unconstitutional); Ohio* R. S. 7015 (annulled as unconstitutional); Ill.* 48, 8 (annulled as unconstitutional); W. Va.,* p. 1002, § 1 (annulled as unconstitutional); Ky. 1898, 15; Wash. 2531; S. C., C. C. P., 317; N. Mex. 1893, 26; Ark. 1899, 172; Colo. 1899, 155. 2 N. Y. G. L. 32, 1, 9; Ohio* 1890, p. 78 (annulled as unconstitutional); Ky. Const. 244 (as to general labor); Kans. 1897, 145 (applies to all corporations or trusts employing ten or more persons); Cal. 1897, 170, 6.

3 Thus, to mining employees only: Ill. 1897, p. 270 (probably unconstitutional); Iowa 1888, 55; Ind. 7059; Md. Local Laws 185; 1892, 445; Va. 1887, 391, 3; Ky. Const. 244; Wyo. 1891, 82. Or to manufacturing companies (Ind., Md., Va., Ky.); or to various specified industries (N. J.).

N. J., Pa., Ind. R. S. 7063; Md., Va., Wash. 2532; W. Va.* Ky. 1350; Kans. ib. § 3; La.

5 N. J.; Ind. R. S. 7062; Wash. 2533; N. Mex. ib. 2.

Kans. ib., § 2; Md. Loc. L. Allegany Co. § 185; Ind. R. S. 7071; Cal.

'Ind. 7066; Kans. 1899, 152; Tenn. 1887, 209. It must be at a fixed time and with 8 per cent interest; Ind. 7060.

8 Mich. 1897, 221; Ill. 1895, p. 263; Iowa; Kans.; Wash.; Cal.; N. Mex.; Va. 1887, 391, 3; Tenn. 1899, p. 17. With interest: Va.; W. Va. (annulled as unconstitutional); Wyo.

Ind. ib.; S. C.; Ohio, 1890, p. 78 (annulled as unconstitutional).

10 Md. Local Laws 187.

11 La. 1894, 71.

presented, the class legislation principle being thus avoided, as the old law was declared unconstitutional on that ground (see § 2)13 (For typical laws see note.)11

It is usury to discount wages at over 10 per cent before pay day in Arkansas.

SEC. 4. COMPANY STORES, ETC.-In line with the statutes referred to in the last section, the running by companies or individual employers of general supply stores is, in Maryland, Pennsylvania,* and Illi

12 Mo. 1895, p. 206. Since repealed. Mo. 1899, p. 305.

13 So in North Carolina (N. C. 1889, 280; 1891, 78) no person or corporation may issue in payment for labor orders or tickets not transferable, or in any form that would render them void by transfer from the person to whom issued, but all such tickets, etc., shall be paid to the person holding the same their face value (but not in money: State v. Moore, 113 N. C., 697). But now, apparently, they must be paid in money, in the absence of special contract (1895, 127).

In Wisconsin lumber and building corporations must give employees written evidence of indebtedness when the payment of their wages is deferred (Wis. 1891, 430) . 14 Thus, in New York (G. L. 32, 1, § 9):

Cash payment of wages.-Every manufacturing, mining, quarrying, mercantile, railroad, street railway, canal, steamboat, telegraph and telephone company, every express company, and every water company, not municipal, shall pay to each employee engaged in its business the wages earned by him in cash. No such company or corporation shall pay its employees in scrip, commonly known as store money orders.

New Jersey (Rev., p. 1375):

SEC. 1 (as amended by section 4, page 771, Supplement of 1886). It shall not be lawful for any person or corporation in this State to issue, for payment of labor, any order or other paper whatsoever, unless the same purport to be redeemable for its face value at sight in lawful money of the United States, by the person giving or issuing the same: Provided, however, Nothing in this act contained shall be held to prevent any employer from making any deduction for money due him from any laborer or employee: And provided, however, Nothing in this act contained shall prevent any private individual from giving any orders for goods or merchandise on any store in which such private individual has no interest, directly or indirectly, in the profits or business.

SEC. 2 (as amended by section 3, page 771, Supplement of 1886). If any person or corporation shall issue, for payment of labor, any paper, in violation of the first section of this act, he, she, or they shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not to exceed five hundred dollars, at the discretion of the court.

(Sup., p. 771):

SEC. 7. It shall not be lawful for any glass manufacturer, ironmaster, foundryman, collier, factoryman, employer, cranberry grower or his agent or company, their agents or clerks, to pay the wages of workmen or employees by them employed in either store goods, merchandise, printed, written, verbal orders, or due bills of any kind.

SEC. 8. Any glass manufacturer, ironmaster, foundryman, collier, factoryman, employer, cranberry grower or his agent, or company paying to the said workmen or employees, or authorizing their clerks or agents to pay the wages, or any part thereof, in either store goods, merchandise, printed, written, verbal orders, or due bills of any kind, except as aforesaid, shall forfeit the amount of said pay or any part of wages of said workman or employee given in store goods, merchandise, printed, written, verbal orders, or due bills of any kind, and the same not to offset against the wages of said workman or employees, but he or they shall be entitled to recover the full amount of his or their wages, as though no such store goods, merchandise, printed, written, verbal orders, or due bills had been given or paid; and no settlement made with such employer shall bar such action until after a lapse of one year from such settlement.

SEC. 9. The provisions of this act shall extend to all seamstresses, females and minors employed in factories or otherwise.

SEC. 10. (As amended by chapter 129, acts of 1888). Any glass manufacturer, ironmaster, foundryman, collier, factoryman, employer or company offending against the provisions of this act, shall be guilty of a misdemeanor and punishable by a fine

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nois,* forbidden.1 In some States it is made a penal offense to compel or coerce an employee to deal with such stores or with any particular person or corporation. In others, "it is unlawful for any manufacturer, firm, or corporation who own or control a store for the sale of general store goods or merchandise in connection with their manufacturing or other business to attempt to control their employees or laborers in the purchase of store goods or supplies at such stores by withholding the payment of wages longer than the usual time."3 In other States the prohibition is only against selling to employees at a higher profit than to others, or than to cash customers, or at higher

of not less than ten dollars or more than one hundred dollars for each and every offense, or imprisonment not to exceed the term of thirty days, at the discretion of the court.

Indiana (R. S.):

SEC. 7060. Any person, copartnership, corporation or association, or any memoer, agent or employee thereof, who shall publish, issue or circulate any check, card or other paper, which is not commercial paper payable at a fixed time in any bank in this State, at its full face value in lawful money of the United States with 8 pe. cent interest or by bank check or currency issued by authority of the United States Government, to any employee of such person, copartnership, corporation, or association, n payment for any work or labor, done by such employee or in payment for any labor contracted to be done by such employee shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not more than one hundred dollars.

SEC. 7066. Any person, copartnership, corporation or association, or any member, agent or employee thereof, who shall publish, issue or circulate any check, card or other paper, which is not commercial paper payable at a fixed time in any bank in this State at its full face value, in lawful money of the United States, with eight per cent interest, or by bank check or currency issued by authority of the United States Government, to any employee of such person, copartnership, corporation or association, in payment for any work or labor done by such employee, or in payment for any labor contracted to be done by such employee, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not more than one hundred dollars.

Illinois (1895, p. 263, § 1):

Any time check or store order issued or given as compensation for labor performed, shall be redeemable, at the option of the person to whom the same was issued or given or upon his written order, in bankable currency. Any person who violates this act shall be deemed guilty of a misdemeanor, and shall be punished by a fine not to exceed one hundred (100) dollars or confined in the county jail not to exceed thirty (30) days or both in the discretion of the court.

Missouri (1895, p. 206):

SEC. 1. It shall not be lawful for any person, firm or corporation in this State to issue, pay out or circulate, for payment of the wages of labor, any order, note, check, memorandum, token, evidence of indebtedness, or other obligation, unless the same is negotiable and redeemable at its face value, in lawful money of the United States, by the person, firm or corporation issuing the same.

SEC. 2. All persons, firms or corporations issuing or circulating any such order, note, check, memorandum, token, evidence of indebtedness, or other obligation, shall be at all times during the business hours of the day prepared to redeem, and shall redeem, all such orders, notes, checks, memorandum, tokens, evidence of indebtedness, or other obligation, when presented at their place of business or office, at their face value, in good and lawful money of the United States, or in goods, at the option of the holder.

In Maryland the statute applies to railways and mines only (Md. 23, 202; 1898, 493). In Pennsylvania and Illinois the prohibition applies only to mining and manufacturing corporations (Pa. Dig., pp. 1293, 1385; Ill. 48, 6-annulled as unconstitutional). 2 Ohio 7016; Ind. An. S. 7072, 7073, 7074; Iowa 1888, 55, 2; Kans. 1897, 145; Md. 1898, 493, 5 (in Allegany Co.); Tenn. 1887, 208; Mo. 7060 (since repealed, as unconstitutional); Wash. 2532; W. Va., p. 1002, §2; Ky. 1898, 15 (in mining industries only); Colo. 1899, 155.

N. J. Sup., p. 772, §12; Tenn. 1887, 155.

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prices than the market value; and such debts are made not collectible, or (as in Ohio and West Virginia) the employee may recover back double such excess in price. The Pennsylvania statute is printed in full in note ".

* Ohio 7016; Ind. 7061, 7067; Va. 1887, 391, 4; W. Va. Code, p. 1002, §2. 5 Ohio, W. Va. ib.

"Thus, in Pennsylvania (Dig., p. 1293):

SEC. 13. Every manufacturing, mining or quarrying company incorporated under the provisions of this act, shall be confined exclusively to the purposes of its creation, as specified in its charter, and no such company shall manufacture or sell any commodity or articles of merchandise other than those therein specified. No such company shall engage in, nor shall it permit any of its employees or officials to engage in, the buying or selling, upon the lands possessed by it, of any wares, goods or commodities or merchandise, other than those specified in their charter, or necessary for the manufacture of the same. No such company shall permit to be withheld or authorize or direct the withholding of wages due any of its operatives or employees, by reason of the sale or furnishing of goods, wares or merchandise by any person to such operatives or employees, unless the same be withheld by reason of and in obedience to due process of law. But nothing herein contained shall prohibit any such person from supplying to its employees oil, powder or other articles and implements necessary for or used in mining.

SEC. 45. (p. 1385). On and after the passage of this act it shall not be lawful for any mining or manufacturing corporation of this Commonwealth, or the officers or stockholders of any such corporation, acting in behalf or in the interest of any such corporation, to engage in or carry on, by direct or indirect means, any store known as a company store, general supply store or store where goods and merchandise other than such as have been mined or manufactured by the mining or manufacturing corporation, of which said officers or stockholders are members, are kept or offered for sale.

SEC. 46. No mining or manufacturing corporation engaged in business under the laws of this Commonwealth shall lease, grant, bargain or sell to any officer or stockholder of any such corporation, nor to any other person or persons whatsoever, the right to keep or maintain upon the property of any such corporation any company, general supply or other store in which goods other than those mined or manufactured by the corporation granting such right shall be kept or exposed for sale whenever such lease, grant, bargain or sale as aforesaid is intended to defeat the provisions of the first section of this act. Nor shall any such mining or manufacturing corporation, through its officers, stockholders or by any rule or regulation of its business, make any contract with the keepers or owners of any store, whereby the employees of such corporation shall be obliged to trade with such keeper or owner, and that any such contract made in violation of this act shall be prima facie evidence of the fact that such store is under the control of such mining or manufacturing corporation and in violation of this act.

SEC. 47. For any violation of any of the provisions of this act by any mining or manufacturing corporation aforesaid, such mining or manufacturing corporation so offending shall forfeit all charter rights granted to it under the laws of this Commonwealth, and it is hereby declared and made the duty of the attorney-general of this Commonwealth, upon complaint of such violation of any of the provisions of this act by a petition signed and sworn to by two or more citizens, residents of the county where the offense is sworn to have been committed, to immediately commence proceedings against the corporation or corporations complained against by a writ of quo warranto.

In Ohio (R. S.):

SEC. 7015. It shall be unlawful for any person, firm, company or corporation to sell, give, deliver, or in any manner issue, directly or indirectly, to any person employed by him or it in payment of wages due for labor, or as advances on the wages of labor not due, any scrip, token, draft, check or other evidence of indebtedness purporting to be payable or redeemable otherwise than in money; any violation of the provisions of this section shall be punishable by a fine not less than twenty-five nor more than one hundred dollars, or imprisonment for not more than thirty days, or both; and any such scrip, token, check, draft, or other evidence of indebtedness issued in violation of the provisions of this section, whatever its provisions as to the time or manner of payment shall be, in legal effect, an instrument for the unconditional payment of money only on demand, and the amount thereof may be collected