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employees, without their written consent in each instance, any portion of their wages for the maintenance of any hospital, reading room, library, gymnasium, or restaurant.
Sec. 9. COMPANY PHYSICIANS.—In Tennessee there is a law prohibiting employers from dictating to or in any manner interfering with an employee or laborer in his right to select his own physician, or from retaining or withholding any portion of wages due for paying a “ company doctor” (Tenn., 1889, 259).
ARTICLE D. REGULATION OF THE GENERAL LABOR CONTRACT AS TO HEALTH, MORAL CONDITIONS, ETC.
There is no legislation of this sort in the United States except as to labor employed in factories and sweatshops, for which see Chapter IV, below.
ARTICLE E. AS TO ENFORCEMENT OF THE LABOR
CONTRACT BY INJUNCTION OR OTHERWISE.
SEC. 1. DIRECT ENFORCEMENT.—A contract to render personal service can never be specifically enforced, by the time-honored principles of equity. Statutes forbidding the enforcement of such contracts directly or indirectly, by injunction, are therefore unnecessary. But California and Montana bave adopted an express statute, as follows:
“A contract to render personal service, other than a contract of apprenticeship,
can not be enforced against the employee beyond the term of two years from the commencement of service under it; but if the employee voluntarily continues his service under it beyond that time, the contract may be referred to as affording a presumptive measure of the compensation” (Cal Civ. C., 1980; Mont. Civ. C., 2675). It would appear from the above that the contract may be enforced specifically during the two years.
In view of the national abuse of chancery powers by injunctions carelessly rendered by judges who go too far in the direction of enjoining laborers from quitting work, Kansas has adopted the following statute (1897, Ch. 106):
1. That contempts of court are divided into two classes, direct and indirect, and shall be proceeded against only as hereinafter prescribed.
2. That contempts committed during the sitting of the court or of a judge at chambers, in its or his presence are direct contempts. All other are indirect contempts.
3. That a direct contempt may be punished summarily without written accusation against the person arraigned, but if the court shall adjudge him guilty thereof a judgment shall be entered of record in which shall be specified the conduct constituting such contempt, with a statement of whatever defence or extenuation the accused offered thereto and the sentence of the court theroon.
4. That upon the return of an officer on process or an affidavit duly filed, showing any person guilty of indirect contempt, a writ of attachment or other lawful process may issue and such person be arrested and brought before the court; and thereupon a written accusation setting forth succinctly and clearly the facts alleged to constitute such contempt shall be filed and the accused required to answer the same, by an order which shall fix the time therefor, and also the time and place for hearing the matter; and the court shall on proper showing, extend the time so as to give the accused a reasonable opportunity to purge himself of such contempt. After the answer of the accused, or if he refuse or fail
to answer, the court may proceed at the time so fixed to hear and determine such accusation upon such testimony as shall be produced. If the accused answer, the trial shall proceed upon testimony produced as in criminal cases, and the accused shall be entitled to be confronted with the witnesses against him; but such trial shall be. by the court, or upon application of the accused, a trial by the jury shall be had as in any criminal case. Îf the accused be found guilty judgment shall be entered accordingly, prescribing the punishment.
5. That the testimony taken on the trial of any accusation of contempt shall be preserved, and any judgment of conviction therefor may be reviewed upon the direct appeal to or by writ of error from the supreme court, and affirmed, reversed, or modified as justice may require. Upon allowance of an appeal or writ of error execution of the judgment shall be stayed upon the giving of such bond as may be required by the court or the judge thereof, or by any justice of the supreme court.
6. That the provisions of this act shall apply to all proceedings for contempt in all courts of Kansas; but this act shall not affect any proceedings for contempt pending at the time of the passage thereof. All acts in conflict with this act are hereby repealed.
This law is undoubtedly the most important and novel in principle of any legislation adopted by any of the States upon the labor question during the past five or ten years. Its merits are obvious, but the objections lie more beneath the surface. It may be doubted whether the effect of such statutes would not be practically to destroy equity jurisdiction or the enforcement of any legal right which does not sound in damages.
Sec. 2. PENALTY FOR BREACH OF CONTRACT OF PERSONAL SERVICE.A few of the Southern States have adopted statutes making it a penal offense to violate a contract of personal service under certain circumstances, and imposing damages for the same, usually to at least the full amount due for services already rendered. These States are South Carolina, Tennessee, Arkansas, Alabama, and Louisiana. The statutes are printed in full below.' And New Jersey has a severe statute applying to railway labor.
South Carolina (1897, 286, 1; see also Chap. VI.):
Any laborer working on shares of crop or for wages in money or other valuable consideration under a verbal or written contract to labor on farm lands who shall receive advances either in money or supplies and thereafter willfully and without just cause fail to perform the reasonable service required of him by the terms of the said contract shall be liable to prosecution for a misdemeanor, and on conviction shall be punished by imprisonment for not less than twenty days nor more than thirty days, or to be fined in the sum of not less than twenty-five dollars nor more than one hundred dollars, in the discretion of the court: Provided, The verbal contract herein referred to shall be witnessed by at least two disinterested witnesses.
Tennessee ( 3438) :
Any persons o under contract or employ of another, leaving their employ without good and sufficient cause, before the expiration of the time for which they were employed, shall forfeit to the employer all sums due for service already rendered, and be liable for such other damages the employer may reasonably sustain by such violation of contract. (See also Art. F, $3.)
Arkansas ($ 4790):
'If any laborer shall, without good cause, abandon his employer before the expiration of his contract, he shall be liable to such employer for the full amount of any account he may owe him, and shall forfeit to his employer all wages or share of crop due him, or which might become due him from his employer.'
Any immigrant who abandons or leaves the service of an employer without repaying all passage money and all other advances, must, on conviction, be fined in a sum not more than double the amount of wages for the unexpired term of service, and imprisoned not longer than three months, or sentenced to hard labor for the county for not more than three months, at the discretion of the jury.
Louisiana (1890, 138, 1):
Whoever shall wilfully violate a contract upon the faith of which money or goods have been advanced and without first tendering to the person from whom said money
ARTICLE F. AS TO INTERFERENCE WITH THE LABOR
CONTRACT BY OTHERS, INTIMIDATION, ETC.
SEC. 1. GENERAL STATUTES PROHIBITING INTIMIDATION OF ORDINARY EMPLOYEES.—It must be carefully noted that intimidation by one or more individuals falls under a different head of the common law from combinations to intimidate made by many individuals. The statutes concerning combinations are inseparably connected with statutes prohibiting or regulating combinations in labor affairs, conspiracies, and boycotts (see, for these, in Chapter IX, below); while the law prohibiting intimidation by individuals relates to matters of police or the preservation of order, and is legally a mere development by statute of the common law of assault and battery. Yet many of the States have found it wise to adopt statutes prohibiting intimidation of laborers or employers, or the interference by threats, ridicule, etc., by others, with the performance of the labor contract; making such interference a misdemeanor or criminal offense. Five New England States, Wisconsin, and other Northwestern and Southern States, have adopted statutes which declare it a criminal offense to prevent or seek to prevent by force, threats, or intimidation any person from entering into or continuing in the employment of any other person or corporation, or to prevent in the same manner the employer from employing any person. Some of the States express it more broadly, and prohibit such intimidation, etc., directed at the preventing any person from carrying on any lawful trade or calling;: others put it specifically as by interfering or goods were obtained the amount of money or value of the goods, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than fifty dollars nor more than two hundred dollars, and in default of payment thereof with costs shall be imprisoned in the parish jail not less than ten days nor more than thirty days at the discretion of the court.
New Jersey (p. 909, § 1):
Any engineer, officer, agent, or employé of any railroad company, who in this state, shall willfully or negligently disregard or disobey any rule, regulation, or published order of any said company or companies, in regard to the running of trains, shall be deemed guilty of a misdemeanor, and shall on conviction thereof, be punished by a fine not exceeding one thousand dollars, or imprisonment at hard labor for any term not exceeding one year, or both, at the discretion of the court; but nothing in this act contained shall be construed to repeal any acts or parts of acts punishing either of the persons aforesaid in any other manner than that pointed out in this act.
While on the other hand, as to the employer, S. C. (1897, 301, 2):
2. Any contractor or contractors or subcontractors who shall for other purposes than paying the money loaned upon said contract expend and on that account fail to pay to any or all laborers, subcontractors and material men out of the money received as provided in section 1 of this act, and as admitted by such contractor or contractors, or as may be adjudged by any court of competent jurisdiction, shall be deemed guilty of a misdemeanor, and upon conviction, when the consideration for such work and material shall exceed the value of one hundred dollars, shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisonment not less than three months nor more than twelve months; and when such consideration shall not exceed the value of one hundred dollars, shall be fined not more than one hundred dollars or imprisoned not longer than thirty days: Provided, Said contractor or contractors or subcontractors may have the right of arbitration by agreement with said laborers, subcontractors and material men.
1N. H., Mass., Me., R. I., Vt., Wis., Mo., Oreg., N. Dak., S. Dak., Ga., Ala., Tex., Okla., Miss.
2 Vt., Ill., Ga.
with any person's tools or other property, and the use thereof, or in order to compel another to employ any person or to force or induce another to alter his mode of carrying on business, or to limitor increase the number of persons employed by him, or their rate of wages, or time of service. The New York statute, followed in Connecticut and Minnesota, goes further still, and makes it a misdemeanor to use or attempt the intimidation by threats or force of any person from doing or abstaining from any act which such person has a legal right to do, or to abstain from doing. In North Dakota and Utah there is a constitutional provision that “any person, corporation or agent thereof, maliciously interfering or hindering in any way, any citizen from obtaining or enjoying employment already obtained, from any corporation or person, shall be deemed guilty of a misdemeanor, or crime (in Utah). 57 The more important typical statutes are printed in full in the note 8.
4 N. Y.,
Minn. Oreg., N. Dak., S. Dak., Okla. Conn., N. Y., Minn. ?N. Dak., Const. 1, 23; Utah, Con. 12, 19. 8 Thus, New Hampshire (P. S., 266, 12):
If any person shall interfere in any way whatever to injure or damage another in his person or property, while engaged in his lawful business, trade, or occupation, or while on the way to or from the same, or shall endeavor to prevent any person from engaging in his lawful business, trade, or calling, he shall be fined not exceeding five hundred dollars, or be imprisoned not exceeding one year.
Massachusetts (1894, 508, 2):
No person shall, by intimidation or force, prevent or seek to prevent a person from entering into or continuing in the employment of any other person or corporation.
Maine (1889, 303; 1891, 127):
Any employer, employee, or other person, who by threats of injury, intimidation or force, alone or in combination with others, prevents any person from entering into, continuing in or leaving the employment of any person, firm or corporation, shall be punished by imprisonment not more than two years, or by fine not exceeding five hundred dollars.
Vermont (R. L., 4226–7):
A person who threatens violence or injury to another person with intent to prevent his employment in a mill, manufactory, shop, quarry, mine or railroad, shall be imprisoned not more than three months or fined not more than one hundred dollars.
A person who, by threats or intimidation, or by force, alone or in combination with others, affrights, drives away and prevents another person from accepting, undertaking or prosecuting such employment with intent to prevent the prosecution of work in such mill, shop, manufactory, mine, quarry or railroad, shall be imprisoned in the state prison not more than five years or fined not more than five hundred dollars.
Rhode Island (G. L. 278, 8):
“Every person who, by himself or in concert with other persons, shall attempt by force, violence, threats or intimidation of any kind to prevent, or who shall prevent any other person from entering upon and pursuing any employment, upon such terms and conditions as he may think proper, shall be deemed guilty of a misdemeanor and be fined not exceeding one hundred dollars or be imprisoned not exceeding ninety days.” And (279, 45) "every person who shall wilfully and maliciously or mischievously injure or destroy the property of another, or obstruct the use of the property of another, or obstruct another in the prosecution of his lawful business or pursuits, in any manner, the punishment whereof is not specially provided for by statute, shall be fined not exceeding twenty dollars or be imprisoned not exceeding three months."
Connecticut (G. S. 1518) :
SEC. 2. INTIMIDATION IN RAILWAYS, MINES, AND OTHER SPECIAL CASES.—Besides the general statutes some States have adopted special laws applying to cases of intimidation or trespass upon mines, rail
compel such person against his will, to do or abstain from doing any act which such person has a legal right to do, or shall persistently follow such person in a disorderly manner, or injure, or threaten to injure, his property with intent to intimidate him, shall be fined not more than one hundred dollars, or imprisoned not more than six months.
New York (P. C. 653), Minnesota (G. S. 6790) :
A person who, with a view to compel another person to do or to abstain from doing an act which such other person has a legal right to do or to abstain from doing, wrongfully, and unlawfully deprives any such person of any tool, implement or clothing, or hinders him in the use thereof; or uses or attempts the intimidation of such person by threats or force, is guilty of a misdemeanor.
Illinois (R. S. 38, 159) :
If any person shall, by threat, intimidation or unlawful interference, seek to prevent any other person from working or from obtaining work at any lawful business, on any terms that he may see fit, such person so offending shall be fined not exceeding two hundred dollars.
Wisconsin (4466c) :
Any person who by threats, intimidation, force or coercion of any kind shall hinder or prevent any other person from engaging in or continuing in any lawful work or employment, either for himself or as a wage-worker, or who shall attempt to so hinder or prevent, shall be punished by fine not exceeding one hundred dollars or by imprisonment in the county jail not more than six months, or by both fine and imprisonment in the discretion of the court.
Missouri (R. S. 3783):
Every person who shall, by force, menace or threats of violence to the person or property of another, compel or attempt to compel any person to abandon any lawful occupation or employment for any length of time, or prevent or attempt to prevent any person from accepting or entering upon any lawful employment, shall, upon conviction, be punished by imprisonment in the county jail not less than six months, or by a fine of not less than one hundred dollars, or by both such fine and imprisonment. Every person who shall, by threats, of violence to the person or property of another, compel or attempt to compel any person to abandon any lawful occupation or employment for any length of time, or prevent any person from accepting or entering upon any lawful employment, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not less than fifty dollars, or imprisonment in the county jail not less than three months, or by both such fine and imprisonment.
Oregon (Annot. L. 1893):
If any person shall, by force, threats, or intimidation, prevent or endeavor to prevent any person employed by another from continuing or performing his work, or from accepting any new work or employment; or if any person shall circulate any false written or printed matter or be concerned in the circulation of any such matter, to induce others not to buy from or sell to or have dealings with any person, for the purpose or with the intent to prevent such person from employing any person or to force or compel him to employ or discharge from his employment any one, or to alter his mode of carrying on business, or limit or increase the number of persons employed by him, or their rate of wages or term of service, such person shall be deemed guilty of a misdemeanor and on conviction thereof shall be imprisoned in the county jail not less than one month nor more than six months, or by fine not less than ten nor more than two hundred dollars.
North Dakota (Rev. C. 7660–1), South Dakota (Dak. P. C. 6924-5), Oklahoma (2544-5):
Every person who, by any use of force, threats, or intimidation, prevents, or endeavors to prevent, any hired foreman, journeyman, apprentice, workman, laborer, servant, or other person employed by another, from continuing or performing his work, or from accepting any new work or employment, or to induce such hired person to relinquish his work or employment, or to return any work he has in hand before it is finished, is guilty of a misdemeanor.
Every person who, by any use of force, threats, or intimidation, prevents or endeav