of violence, or by stealth, and shall proceed to carry out such purpose by making threats against the party or parties in possession, or who shall enter upon such lode or mining claim for the purpose aforesaid, or who shall enter upon or into

any lode, gulch, placer claim or quartz mill or other mining property, or, not being upon such property but within hearing of the same, shall make any threats or make use of any language, sign or gesture calculated to intimidate any person or persons at work on said property from continuing work thereon or therein, or to intimidate others from engaging to work thereon or therein, every such person so offending, shall, upon conviction, be punished by imprisonment in the county jail not exceedsix months and not less than thirty days, and by fine not exceeding two hundred and fifty dollars, such fine to be discharged either by payment or by confinement in such jail until such fine is discharged at the rate of two dollars and fifty cents per day. On trials under this section, proof of a common purpose of two or more persons to obtain possession of property as aforesaid, or to intimidate laborers as above set forth, accompanied or followed by any of the acts above specified, by any of them, shall be sufficient evidence to convict any one committing such acts, although the parties may not be associated together at the time of committing the same.

SEC. 3. BOYCOTTS.-The ordinary acts committed by persons engaged in a boycott are usually prohibited by the statutes forbidding intimidation by individuals (see Chapter I, Art. F). As we said in that article, we have here to consider only those statutes which apply to combinations of

less than twenty dollars nor more than one hundred dollars, and confined not less than twenty days nor more than ninety days in the county jail.

If any person or persons shall willfully or maliciously, by any act or by means of intimidation, impede or obstruct, except by due process of law, the regular operation and conduct of the business of any railroad company, or other corporation, firm or individual in this State, or of the regular running of any locomotive engine, freight or passenger train of any such company, or the labor and business of any such corporation, firm or individual, he or they shall, on conviction thereof, be punished by a fine of not less than twenty dollars, nor more than two hundred dollars, and confined in the county jail not less than twenty days nor more than ninety days.

If two or more persons shall willfully and maliciously combine or conspire together to obstruct or impede by any act, or by means of intimidation, the regular operation and conduct of the business of any railroad company, or any other corporation, firm or individual in this State, or to obstruct, hinder, or impede, except by due process of law, the regular running of any locomotive engine, freight or passenger train on any railroad, or the labor or business of any such corporation, firm or individual, such persons shall on conviction thereof be punished by a fine of not less than twenty dolÎars, nor more than two hundred dollars, and confined in the county jail not less than twenty days nor more than ninety days.

This act [these paragraphs] shall not be construed to apply to cases of persons voluntarily quitting the employment of any railroad company, or such other corporation, firm or individual, whether by concert of action or otherwise, except as is provided in section one of this act [paragraph 2480].

In Mississippi:

SEC. 1266. If any person shall wantonly or maliciously injure, or place any impediment or obstruction on any railroad, or do any other act by means of which any car or vehlcle might be caused to diverge, or be derailed, or thrown from the track, such person, on conviction, shall be imprisoned in the penitentiary not longer than ten years; and the penalty provided in this section shall apply to any engineer, conductor, switchman, brakeman, train dispatcher, or telegraph operator who shall willfully or negligently cause the derailment or collision of a passenger train.

SEC. 1270. If two or more persons shall willfully and maliciously combine or conspire together to obstruct or impede, by any act, or by means of intimidation, the regular operation and conduct of the business of any railroad company, or to impede hinder, or obstruct, except by due process of law, the regular running of any locomotive engine, freight or passenger train on any railroad, or the labor and business of such railroad company, such persons, and each of them, shall on conviction, be punished by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months, or both; but this section shall not apply to persons who merely quit the employment of a railroad company, whether by concert of action or otherwise.

persons to boycott or injure others. The statutes concerning strikes or combinations to leave work, etc., will be found in section 1 of this article. In many cases, as will have been seen, these statutes apply also to combinations to boycott, the two matters being often covered by the same statute; but a few States have separate statutes applying expressly to boycotting. These are Maine, Illinois, Michigan, Wisconsin, Kansas, Colorado, Georgia, Florida, and Texas. The Maryland and Montana 'Thus, in Maine (R. S., 126, 18):

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SEC. 18. If two or more persons conspire and agree together, with the fraudulent or malicious intent wrongfully and wickedly to injure the person, character, business, or property of another; or to do any illegal act injurious to the public trade, * * they are guilty of a conspiracy, and every such offender, and every person 'convicted of conspiracy at common law, shall be punished by imprisonment for not more than three years, or by fine not exceeding one thousand dollars.

In Illinois (38, 46):

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or to

If any two or more persons conspire or agree together, or the officers or executive committee of any society or organization or corporation, shall issue or utter any circular or edict, as the action of or instruction to its members, or any other persons, societies, organizations, or corporations, for the purpose of establishing a so-called boycott or blacklist, or shall post or distribute any written or printed notice in any place, with the fraudulent or malicious intent wrongfully and wickedly to injure the person, character, business, or employment, or property of another, do any illegal act injurious to the public trade, health, morals, police, or administration of public justice, or to prevent competition in the letting of any contract by the State, or the authorities of any counties, city, town or village, or to induce any person not to enter into such competition, * * they shall be deemed guilty of a conspiracy; and every such offender, whether as individuals or as the officers of any society or organization, and every person convicted of conspiracy at common law, shall be imprisoned in the penitentiary not exceeding five years, or fined not exceeding two thousand dollars, or both.

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In Kansas (2481-2483) and Illinois (114, 109-111-see § 2 above):

If any person or persons shall willfully and maliciously by any act, or by means of intimidation, impede or obstruct, except by due process of law, the regular operation and conduct of the business of any railroad company or other corporation, firm or individual in this state, or of the regular running of any locomotive engine, freight, or passenger train of any such company, or the labor and business of any such corporation, firm or individual, he or they shall, on conviction thereof, be punished by imprisonment in the county jail not more than three months, or in the state prison for a period not exceeding one year.

If two or more persons shall willfully and maliciously combine, or conspire together, to obstruct or impede, by any act or by means of intimidation, the regular operation and conduct of the business of any railroad company or any other corporation, firm, or individual in this state, or to impede, hinder, or obstruct, except by due process of law, the regular running of any locomotive engine, freight or passenger train, on any railroad, or the labor and business of any such corporation, firm, or individual, such persons shall, on conviction thereof, be punished by imprisonment in the county jail for a period not more than three months or in the state prison for a period not exceeding two years.

This act shall not be construed to apply to cases of persons voluntarily quitting the employment of any railroad company or such other corporation, firm, or individual, whether by concert of action or otherwise.

In Michigan this statute appears to have been repealed.

In Wisconsin (4466a):

Any two or more persons who shall combine, associate, agree, mutually undertake, or concert together for the purpose of willfully or maliciously injuring another in his reputation, trade, business or profession, by any means whatever, or for the purpose of maliciously compelling another to do or perform any act against his will, or preventing or hindering another from doing or performing any lawful act, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars.

In Colorado (1295):

It shall not be unlawful for any two or more persons to unite, or combine, or agree in any manner, to advise or encourage, by peaceable means, any person or persons to

statutes (see section 1 of this article) seem to legalize all boycotts in labor cases; and other statutes of other States quoted in section 1 might apply as well to boycotts as to strikes. Such are the laws of New York, New Jersey, Pennsylvania, Illinois, Minnesota, North and South Dakota, Montana, Oklahoma, and Mississippi. In Wisconsin, North Dakota, and Florida the statutes concerning blacklisting (see Chap. X, section 1), cover also the matter of boycotts.

SEC. 4. PICKETING. The English statute has expressly regulated this subject, substantially permitting picketing or patrolling by not more than two persons conducted in a peaceable manner for purposes of observation. There are no statutes whatever upon the subject in the United States.

SEC. 5. INJUNCTIONS AGAINST STRIKES, BOYCOTTS, AND OTHER LABOR COMBINATIONS.-This matter might well be regulated by statute, and it has to a slight extent been so treated in United States laws, but the only statute yet passed concerning injunctions or equity process in labor cases, that of Kansas, applies generally to all injunctions. (See Chapter I, Art. E, above.)

SEC. 6. RIOTS.-The matter of riots is usually covered by ordinary criminal statutes, and the militia laws; but the States of Indiana, Ohio,

enter into any combination in relation to entering into or remaining in the employment of any person, persons or corporation, or in relation to the amount of wages or compensation to be paid for labor, or for the purpose of regulating the hours of labor, or for the procuring of fair and just treatment from employers, or for the purpose of aiding and protecting their welfare and interests in any other manner not in violation of the constitution of this State or the laws made in pursuance thereof: Provided, That this act shall not be so construed as to permit two or more persons, by threats of either bodily or financial injury, or by any display of force, to prevent or intimidate any other person from continuing in such employment as he may see fit, or to boycott or intimidate any employer of labor.

And by a late statute (Col. 1897, 31, 3):

It shall be unlawful for any person . . . society or union to establish . . or engage in a boycott against any individual or corporation carrying on any kind of trade or business, by agreement not to patronize, trade or do business with such individual etc., or to induce others not to &c., under penalty of misdemeanor.

In Georgia (4498):

If any two or more persons shall associate themselves together in any society or organization whatever, with intent and for the purpose of preventing, in any manner whatever, any person or persons whomsoever from apprenticing himself or themselves to learn and practice any trade, craft, vocation or calling whatsoever, or for the purpose of inducing, by persuasion, threats, fraud, or any other means, any apprentice or apprentices to any such trade, craft, vocation, or calling, to leave the employment of their employer or employers, or for the purpose, by any means whatever, of preventing or deterring any person or persons whomsoever, from learning and practicing any such trade, craft, vocation or calling whatsoever, every such person so associating himself in such society or organization shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section 4310 of this Code. In Texas (P. C. 279, 289):

An unlawful assembly" is the meeting of three or more persons, with intent to aid each other by violence or in any other manner either to commit an offense or illegally to deprive any person of any right, or to disturb him in the enjoyment thereof.

If the purpose of the unlawful assembly be to prevent any person from pursuing any labor, occupation or employment, or to intimidate any person from following his daily avocation, or to interfere in any manner with the labor or employment of another, the punisnment shall be by fine not exceeding five hundred dollars.

In Montana the common law of conspiracy is repealed, and the conspiracy statute, as in Maryland, is expressly declared "not apply to any arrangement, agreement or combination between laborers made with the object of lessening their hours of work or increasing wages, nor to persons engaged in agriculture or horticulture with a view of embracing the price of their products" (Mont. P. C., 325).

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

1Indiana (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):

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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 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.

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may

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.

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.'

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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.