« PreviousContinue »
ways, or in pursuits where the public safety is involved. So far as possible, it is again important to distinguish such statutes, applying to individual cases of trespass, from statutes applying to conspiracies or combinations; but the statutes themselves do not often make the distinc
ors to prevent another from employing any person, or to compel another to employ any person, or to force or induce another to alter his mode of carrying on business, or to limit or increase the number of his hired foremen, journeymen, apprentices, workmen, laborers, servants, or other persons employed by him, or their rate of wages, or time of service, is guilty of a misdemeanor.
Michigan (Howell, 9273):
If any person or persons shall, by threats, intimidations, or otherwise, and without authority of law, interfere with, or in any way molest, or attempt to interfere with, or in any way molest or disturb, without such authority, any mechanic, or other laborer, in the quiet and peaceable pursuit of his lawful avocation, such person or persons shall be deemed guilty of a misdemeanor, and on conviction by a court of competent jurisdiction, shall be severally punished by a fine of not less than ten dollars, nor more than one hundred dollars, or by imprisonment in the county jail where the offence shall have been committed, not less than one month nor more than one year, or by both fine and imprisonment, in the discretion of the court; but if such punishment be by fine, the offender shall be imprisoned in such jail until the same be paid, not exceeding ninety days.
Georgia (1887, 347, 1):
If any person or persons, by threats, violence, intimidation or other unlawful means, shall prevent or attempt to prevent any person or persons in this State from engaging in, remaining in, or performing the business, labor, or duties of any lawful employment or occupation; or if any person or persons, singly or together, or in combination, shall conspire to prevent or attempt to prevent any person or persons by threats, violence, or intimidation from engaging in, remaining in, or performing the business, labor or duties of any lawful employment or occupation; or if any person or persons, singly or by conspiring together, shall hinder any person or persons who desire to labor, from so doing or hinder any person by threats, violence or intimidation from being employed as laborer or employee, or by the means aforesaid shall hinder the owner, manager or proprietor for the time being from controlling, using, operating or working any property in any lawful occupation, or shall by such means hinder such persons from hiring or employing laborers or employees, such person or persons so offending shall be deemed guilty of a misdemeanor, and on conviction be punished as prescribed in section 4310 of the code of Georgia.
Alabama (Code 3763; 1894-5, 321):
Any person who, by threats of violence to person or property, prevents or seeks to prevent another from doing work or furnishing materials for or to any person engaged in any lawful business or who disturbs, interferes with or who shall prevent or attempt to prevent any discharged employee by printing or writing any list containing the name of any employee so discharged, or shall make any sign or token, character or figure, indicating that any discharged employee is upon any list so printed or written or in any other manner prevents or attempts to prevent the peaceable exercise of any lawful industry, business or calling by any other person, must, on conviction, be fined not less than ten nor more than five hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for not more than twelve months.
Texas (1887, 18):
Any person who shall, by threatening words, or by acts of violence or intimidation, prevent or attempt to prevent another from engaging or remaining in or from performing the duties of any lawful employment, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not }ess than twenty-five nor more than five hundred dollars, or by confinement not less than one nor more than six months in the county jail.
Mississippi (1898, 70):
Any person or persons who shall, by placards, or other writing, or verbally, attempt by threats, direct or implied, of injury to the person or property of another, to intimidate such other person into an abandonment or change of home or employment, shall, upon conviction, be fined not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months, or in the penitentiary not exceeding five years, as the court, in its discretion, may determine.
tion. They are printed in full below. Thus, as to mines, in Illinois;' as to steamboats, in Louisiana; as to railways, etc., in Maine, Connecticut, New York, Wisconsin, Kansas, Nebraska, Kentucky, and West Virginia. (See also Chap. IX, Art. B, $1.)
1 Illinois (38, 268) :
Whoever without authority of law and not being the owner or agent of adjoining lands, enters the coal bank, mine, shaft, manufactory, or place where workmen are employed of another, without the express or implied consent of the owner or manager thereof, after notice that such entry is forbidden, shall be fined not exceeding two hundred dollars; or confined in the county jail not exceeding six months, in the discretion of the court.
Whoever enters a coal bank, mine, shaft, manufactory, building, or premises of another, with intent to commit any injury thereto, or by means of threats, intimidation, or riotous or other unlawful doings, to cause any person employed therein to leave his employment, shall be fined not exceeding $500, or confined in the county jail not exceeding six months, or both.
2 Louisiana (R. L., 944):
Any person or persons who may, by violence or threats or in any manner intimidate and prevent another from shipping upon any steamboat within this state, or who shall thus interfere with or prevent any person who is one of the crew of a steamboat from discharging his or her duty, or unlawfully interfere with any laborer who may be taking on board or discharging cargo from a steamboat within the State of Louisiana, shall be deemed guilty of a misdemeanor, and, upon conviction before any justice of the peace of this State or recorder of the city of New Orleans, be fined not less than twenty dollars and costs of prosecution, and imprisoned not less than twenty days in the parish jail.
3 Maine (R. S., 123; 7-10):
Whoever, by any unlawful act, or by any wilful omission or neglect, obstructs or causes to be obstructed an engine or carriage on any railroad or railway, or aids or assists therein; or whoever, having charge of any locomotive or carriage while upon or in use on any railway of any railroad corporation, wilfully stops, leaves or abandons the same, or renders, or aids or assists in rendering the same unfit for or incapable of immediate use, with intent thereby to hinder, delay, or in any manner to obstruct or injure the management and operation of any railroad or railway, or the business of any corporation operating or owning the same, or of any other corporation or person, and whoever aids or assists therein, shall be punished by fine not exceeding one thousand dollars, or imprisonment in the State prison or in jail not exceeding two years.
Whoever, having any management of, or control, either alone or with others, over any railroad locomotive, car or train, while it is used for the carriage of persons or property, or is at any time guilty of gross carelessness or neglect on, or in relation to, the management or control thereof; or maliciously stops or delays the same, in violation of the rules and regulations then in force for the operation thereof; or abstracts therefrom the tools or appliances pertaining thereto, with intent thereby maliciously to delay the same, shall be punished by a fine not exceeding one thousand dollars, or imprisonment in the state prison or in jail not exceeding three years.
Whoever, alone, or in pursuance or furtherance of any agreement or combination with others, to do, or procure to be done, any act in contemplation or furtherance of a dispute or controversy between a gas, telegraph, or railroad corporation and its employés or workmen, wrongfully and without legal authority, uses violence towards, or intimidates any person, in any way or by any means, with intent thereby to compel such person against his will to do, or abstain from doing, any act which he has a legal right to do or abstain from doing; or on the premises of such corporation, by bribery, or in any manner or by any means, induces, or endeavors or attempts to induce, such person to leave the employment and service of such corporation with intent thereby to further the objects of such combination or agreement; or in any way interferes with such person while in the performance of his duty; or threatens or persistently follows such person in a disorderly manner, or injures or threatens to injure his property with either of said intents, shall be punished by fine not exceeding three hundred dollars, or imprisonment not exceeding three months.
Any person in the employment of a railroad corporation, who, in furtherance of the interests of either party to a dispute between another railroad corporation and its Sec. 3. INTERFERENCE BY ENTICING.-By the common law, a person enticing away any servant into his own service is liable in an action for damages; and several of the Southern States have adopted statutes
employés, refuses to aid in moving the cars of such other corporation, or trains in whole or in part made up of the cars of such other corporation, over the tracks of the corporation employing him; or refuses to aid in loading or discharging such cars, in violation of his duty as such employé, shall be punished by fine not exceeding five hundred dollars, or imprisonment in the state prison or in jail not exceeding one year.
Connecticut (G. S., 1517; 1895, 87):
Every person who shall unlawfully, maliciously, and in violation of his duty or contract, unnecessarily stop, delay, or abandon any locomotive, car, or train of cars, or street railway car, or shall maliciously injure, hinder, or obstruct the use of any locomotive, car, or railroad, or street railway, shall be fined not more than one hundred dollars, or imprisoned not more than six months.
New York (P. C., 673):
person, who willfully and maliciously, either alone or in combination with others, breaks a contract of service or hiring, knowing or having reasonable cause to believe, that the probable consequence of his so doing will be to endanger human life, or to cause grievous bodily injury, or to expose valuable property to destruction or serious injury, is guilty of a misdemeanor.
Wisconsin (4466d) : Any person who shall individually or in association with one or more others, wilfully break, injure or remove any part or parts of any railway car or locomotive, or any other portable vehicle or traction engine, or any part or parts of any stationary engine, machine, implement or machinery, for the purpose of destroying such locomotive, engines, car, vehicle, implement, or machinery, or of preventing the useful operation thereof
, or who shall in any other way wilfully or maliciously interfere with or prevent the running or operation of any locomotive, engine or machinery, shall be punished by fine not exceeding one thousand dollars or by imprisonment in the county jail or the state prison not exceeding two years, or by both fine and imprisonment in the discretion of the court.
Texas (1887, 92): Sec. 1. Any person or persons who shall, by force, threats, or intimidation of any kind whatever, against any railroad engineer or engineers, or any conductor, brakeman, or other officer or employee, employed or engaged in running any passenger train, freight train, or construction train running upon any railroad in this State, prevent the moving or running of said passenger, freight, or construction train, shall be deemed guilty of an offense, and upon conviction thereof each and every person so offending shall be fined in a sum not less than one hundred dollars nor more than five hundred dollars, and also imprisoned in the county jail for any period of time not less than three months nor more than twelve months.
SEC. 2. Each day said train or trains mentioned in section one of this act are prevented from moving on their road as specified in section one of this act, shall be deemed a separate offense, and shall be punished as prescribed in section one of this act.
Sec. 802. It shall be unlawful for any person or persons to prevent, hinder or delay, or to attempt to prevent, hinder or delay, by violence, the transportation of freight or passengers in this State, by any individual, firm, company, corporation or association doing business in this State, or to interfere with, by violence, any person or agency engaged in the conduct of commerce and traffic in this State in such manner as to obstruct or impede the movement and conduct of such commerce or traffic; but nothing herein shall be construed to prevent any person, or class of persons, from quitting their employment at any time they see proper.
Sec. 803. And it shall be unlawful for any person or persons to prevent or hinder, or attempt to prevent or hinder, by coercion, intimidation, or any trespass or violent interference therewith, the free and lawful use of his or its property, by any individual, firm, company, corporation, or association engaged in the business of transporting freight and passengers, and in the conduct of commerce and traffic in this Štate, or the free and lawful use of said property by any agent or employee of the owner thereof.
SEC. 804. Whoever shall violate the provisions of either of the two preceding sec
making such action a misdemeanor, or imposing single or double damages upon the party offending, whether such party himself employ the servant so enticed or not. 1
tions shall be deemed guilty of a misdemeanor, and, upon conviction by any court of competent jurisdiction, shall be punished for each offense by a fine of not less than twenty-five nor more than two hundred dollars, or by imprisonment in the county jail of the county wherein the offense is committed not sess than ten days nor more than six months, or shall be both so fined and imprisoned, in the discretion of the jury.
SE. 807. Any person who shall wilfully and maliciously tear up, displace, break or disturb any rail or other fixture attached to the track or switch of any railroad in operation, or break any bridge or viaduct of such road, or who shall place any obstruction on the track or switch of such road, or do any act whereby any engine or car might be upset, arrested or thrown from the track of such road or switch, or anv branch or turn-out, shall be confined in the penitentiary not less than one nor more than five years.
SEC. 808. Any person who shall, by any of the acts mentioned in the next preceding section, cause the life of any person to be put in immediate peril, or cause any locomotive or car to be actually thrown from the track, shall be confined in the penitentiary not less than two nor more than ten years.
And similar statutes, aimed at individual trespasses, exist in New Hampshire (Chap. 266); Rhode Island (279, 29-32); Indiana (2038, 2039); Illinois (38, 186 and 189); Minnesota (6855, 6858-6859); Oregon (1893, p. 85); Nevada (1891, 67); Washington (P. C., 1, 24–25; 1895, 52); North Dakota (7547, 7548); South Dakota (6873, 6874); Idaho (1893, p. 68); Montana (P.C., 1030); South Carolina (1733-1735; Crim. L., 123, 178–182); Mississippi (1265-1280); New Mexico (1897, 15); Kansas (G. S. 2237–2240) Nebraska (6753-6757); Virginia (3725); West Virginia (145, 26, 26a and 31) Arizona (P. C., 915); Arkansas (1858–1859; 6199).
Kentucky (§ 1349):
If any person shall willfully entice, persuade, or otherwise influence any person or persons, who have contracted to labor for a fixed period of time, to abandon such contract before such period of service shall have expired without the consent of the employer, shall be fined not exceeding fifty dollars, and be liable to the party injured for such damages as he or they may have sustained.
Arkansas ($ 4792) and Louisiana (1890, 138, 2):
If anyone shall willfully interfere with, entice away, knowingly employ or induce a laborer or renter who has contracted as herein provided to leave his employer or the place rented before the expiration of his contract, he shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not less than twenty nor more than two hundred dollars, and, in addition to such fine, he shall be liable to the employer in double the amount of damages which such employer or landlord may suffer by such abandonment.
South Carolina (Crim. L., $ 291) :
Any person who shall entice or persuade, by any means whatsoever, any tenants, servant or laborer, under contract with another, duly entered into between the parties before one or more witnesses, whether such contract be verbal or in writing, to violate such contract, or shall employ any laborer knowing such laborer to be under contract with another, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five nor more than one hundred dollars, or be imprisoned in the county jail not less than ten nor more than thirty days.
Georgia ($ 4500):
If any person, by himself or agent, shall be guilty of employing the servant, cropper or farm laborer of another, under a written contract, which shall be attested by one or more witnesses, during the term for which he, she or they may be employed, knowing that such servant, cropper or farm laborer was so employed, and that his term of service was not expired; or if any person or persons shall entice, persuade or decoy, or attempt to entice, persuade or decoy any servant, cropper or farm laborer, whether under a written or parol contract, after he, she or they shall have actually entered the service of his or her employer, to leave his employer, either by offering higher wages, or any way whatever, during the term of service, knowing that said servant, cropper or farm laborer was so employed, shall be deemed ARTICLE G. AS TO THE DUTIES AND LIABILITIES
OF THE EMPLOYER TO THE EMPLOYEE.
SEC. 1. GENERAL LIABILITY.—Only the California code, copied also guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed by section 4310 of the Code of this State.
Tennessee ($$ 3438, 3439) : It shall not be lawful for any person in this State, knowingly, to hire, contract with, decoy or entice away, directly or indirectly, any one, male or female, who is at the time under contract or in the employ of another; and
(any person violating the provisions of the above section shall be liable to the party who originally was entitled to the services of said employé, by virtue of a previous contract, for such damages as he may reasonably sustain by the loss of the labor of said employé; and he shall also be liable for such damages, whether he had knowledge of an existing contract or not, if he fails or refuses to discharge the person so hired, or to pay such damages as the original employer may claim, after he has been notified that the person is under contract or has violated the contract with another person,) which amount shall be ascertained and the collection enforced by action for damages before any justice of the peace of said county where said violation occurs, or the party violating section 3438 may reside.
SEC. 3119. If any person shall entice, persuade and procure any servant by indenture, or any servant who shall have contracted in writing or orally to serve his employer, to unlawfully leave the service of his master or employer; or, if any person shall knowingly and unlawfully harbor and detain, in his own service and from the service of his master or employer, any servant who shall unlawfully leave the service of such master or employer; then, in either case, such person and servant may be sued, singly or jointly, by the master, and, on recovery, he shall have judgment for the actual double value of the damages assessed.
Sec. 3120. In addition to the remedy given in the preceding section against the person and servant violating the preceding section, such person and servant shall also pay a penalty of one hundred dollars to any person suing for the same, singly or jointly, one-half to his use and the other to the use of the poor of the county where suit is brought, and the offender shall be guilty of a misdemeanor and fined not exceeding one hundred dollars or imprisoned not exceeding six months.
Mississippi (§ 1068) :
If any person shall willfully interfere with, entice away, knowingly employ, or induce a laborer or renter who has contracted with another person for a specified time to leave his employer or the leased premises before the expiration of his contract, without the consent of the employer or landlord, he shall, upon conviction, be fined not less than twenty-five dollars nor more than one hundred dollars, and, in addition, shall be liable to the employer or landlord for double the amount of damage which he may have sustained by reason thereof.
Florida ($ 2405) :)
Whoever shall entice or persuade by any means whatsoever any tenant, servant or laborer, under contract with another, whether written or verbal, violate such contract, or shall employ any servant or laborer, knowing him or her to be under contract as aforesaid, shall be punished by imprisonment not exceeding sixty days, or by fine not exceeding one hundred dollars.
SECTION 3757. Any person, who knowingly interferes with, hires, employs, entices away, or induces to leave the service of another, or attempts to hire, employ, entice away, or induce to leave the service of another, any laborer or servant who has contracted in writing to serve such other person for any given time, not to exceed one year, before the expiration of the time so contracted for, or who knowingly interferes with, hires, employs, entices away, or induces any minor to leave the service of any person to whom such service is lawfully due, without the consent of the party employing, or to whom such service is due, given in writing, or in the presence of some credible person, must, on conviction, be fined not less than fifty, nor more than five bundred dollars, at the discretion of the jury, and in no case less than double the