every two weeks or twice a month:1 Iowa, Maine, New Jersey, Ohio, Pennsylvania, West Virginia, Wisconsin, and Wyoming. In Missouri operators of mines are required to pay once in fifteen days. Maryland requires corporations mining coal in Allegany County to pay semimonthly. In West Virginia and Wisconsin the law does not apply if there is a written contract to the contrary. In Missouri and New Jersey a contract to the contrary is specifically declared to be void, except that coal-mining companies in Missouri may contract with their employees to pay once a month. In most cases payment is required to be made in full up to within a specified period, from eight to fifteen days, before the day of payment.

The West Virginia requirement is apparently unconstitutional, in the view of the supreme court of appeals of the State, though the precise point has not been decided. The Pennsylvania act has been held unconstitutional, "at least as far as it amounts to making a contract between parties against their will.”2

1

Weekly payments.3—In Indiana 1 and Massachusetts employers generally are required to pay wages weekly. Corporations are required to pay weekly in Connecticut, Kansas, New Hampshire, New York, and Rhode Island. In Connecticut they need pay only 80 per cent weekly, if they pay in full once a month. In Illinois an act requiring weekly payment by corporations was held unconstitutional, as depriving persons, without due process of law, of the property right of making contracts. In most of the States named it is further provided that payment for each weekly period must be made within a defined time, generally six or eight days after the expiration of such period.

Penalties. In most of the States mentioned failure to make payment as required by law is punishable by a fine. In Maine and New Hampshire the fine may not exceed $25; in Connecticut and New York the penalty is $50, half of which, in Connecticut, goes to him who sues; in Massachusetts and Ohio it can not exceed $50; in California and Kentucky it may be $100; in Indiana, New Jersey, Pennsylvania, and Tennessee, not exceeding $200; in Maryland, $50 to $300; in Rhode Island, $100 to $1,000, of which one-half goes to the complainant. In Maine, New Hampshire, and New Jersey the penalty is not enforceable unless action is begun within thirty days. In Indiana, if suit is brought to collect wages, 6 per cent is to be added to the judgment from the time when payment was due; and a penalty of 50 per cent of the judgment is to be levied for the benefit of the school fund. In Iowa, if payment, being due under the act, is not made within five days after demand, the employer is liable, besides the fine, to a penalty, collectible by the employee, of $1 for each day of delay after demand, not exceeding in the aggregate double the amount of wages due; and a reasonable

1Sec. 7056 of the An. St. of Ind. requires "every company, corporation or association" to pay once in each calendar month. Sec. 7065 requires all mining and manufacturing employers to pay every two weeks "if demanded." Sec. 7059 requires the same classes of employers to pay every week without reference to demand. L. 1899, ch. 124, sec. 1, requires all employers to pay weekly. The last is the latest enactment; but the others have not been specifically repealed.

2 W. Va., State v. Goodwill, 33 W. Va. 179; Penn., court of common pleas, Warren County, Bauer v. Reynolds, 14 Pa. County Court Rep., 497.

3 Conn., G. S. 1888, secs. 1749–1751; Ill., R. S. 1891, ch. 48, sec. 13; Braceville Coal Company v. The People, 147 Ill. 66; Ind., L. 1899, ch. 124; Kan., L. 1893, ch. 187, sec. 1; Mass., L. 1894, ch. 508, secs. 51, 65; L. 1895, ch. 438; L, 1896, ch. 241; L. 1898, ch. 481; L. 1899, ch. 247; N. H., P. S. 1891, ch. 180, sec. 21; N. Y., L. 1897, ch. 415, sec. 10; R. I., G. L. 1896, ch. 177, sec. 25.

attorney fee may also be collected. In Kansas the employees can collect a penalty of 5 per cent per month on the amount due, and, if suit is necessary, a reasonable attorney fee.

SEC. 2. METHOD OF PAYMENT.'-The following States provide, in most cases by laws which cover factory hands as well, that the wages of miners shall be paid in lawful money: California, Colorado, Iowa, Illinois, Indiana, Kansas, Kentucky, Maryland, Missouri, New Jersey, New York, South Carolina, Tennessee, Virginia, Washington, and Wyoming. The laws of Iowa and Wyoming apply only to coal miners. In New York and California the law applies only to corporations; in Kansas only to corporations and trusts employing ten or more persons; in Maryland only to corporations in Allegany and Garrett counties.

Several States provide specifically that it shall be unlawful to make payment in goods or merchandise. Others provide that payment shall not be made in the form of a check or order not redeemable in lawful money. Contract to accept payment otherwise than in lawful money is specially declared void in Indiana and Kansas. In Illinois, Maryland, New Jersey, and Wyoming such contract is void, and, if payment has been made in any other form than lawful money, the full amount of such wages may nevertheless be collected, as if such payment in illegal form had not been made. In Illinois not only the amount illegally deducted from wages may be recovered, but also a reasonable attorney fee. New Jersey provides that even a settlement with the employee shall not bar action until after the lapse of one year. Special provision is made to legalize deductions for the following purposes: in Wyoming, medicines, medical attendance, fuel, house rent; in Maryland, the same items, and also smithing; in Illinois, such sums as may be agreed upon between employer and employee, to be deducted "for hospital or relief fund for sick or injured employees.

In New Mexico any order or due bill for merchandise, the amount of which is to be charged against and withheld from wages, is to be redeemed in either lawful money or merchandise, at the option of the holder, "Provided, that the holder is not at the time of such presenta

1 Cal., L. 1897, ch. 170; sec. 6, 7; Colo., L. 1899, ch. 155, sec. 15; Ill., R. S. 1891, ch. 48, sec. 8; L. 1897, p. 270; Frorer v. People, 141 Ill. 171; Ind., An. St., ch. 81, secs. 7059, 7065, 7071; Iowa, L. 1888, ch. 55, sec. 1; Kan., L. 1897, ch. 145, secs. 1-4; Ky., Constitution, sec. 244; L. 1894, sec. 1350; Md., Pub. Local L. 1888, art. 1, secs. 185-187; L, 1892, ch. 445; Mo., R. S., sec. 7058; N. J., Sup. 1886, p. 771, sec. 7; L. 1899, ch. 38; N. M., L. 1893, ch. 26; N. Y., L. 1897, ch. 415, sec. 9; Ohio, R. S., sec. 7015; Penn., Act of June 29, 1881; Row v. Haddock, 3 Kulp, 501; S. C., C. C. P., ch. 317; Tenn., L., 1891, extra session, ch. 5, sec. 2; Va., L. 1891, p. 1003, sec. 3; Wash., Stats. and Codes, sec. 2531; W. Va., Code 1891, p. 1003; State v. F. C. Coal and Coke Company, 33 W. Va., 188; Wyo., L. 1890-91, ch. 82.

The Iowa statute, as typical, is here given in full:

It shall be unlawful for any person, firm, company or corporation, owning or operating coal mines in the State of Iowa, to sell, give, deliver or in any manner issue, directly or indirectly, to any person employed by him or it, in payment for wages due for labor, or as advances on the wages of labor not due, any scrip, check, draft, order or evidence of indebtedness, payable or redeemable otherwise than in their face value in money; any such person, firm, company or corporation who shall violate any of the provisions of this section, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding three hundred (300) dollars nor less than twenty-five dollars, and the amount of any scrip, token, check, draft, order or other evidence of indebtedness, sold, given, delivered or in any manner issued in violation of the provisions of this act, shall recover in money at the suit of any holder thereof, against the person, firm, company or corporation, selling, giving, delivering, or in any manner issuing the same: provided that this act shall not apply to any person, firm, company or corporation employing less than ten (10) persons.

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tion and demand indebted to" the issuer "for goods, wares, and merchandise to him sold, had, and delivered." In Missouri payment may be made in orders negotiable and redeemable at their face value, without discount, in cash or goods, at the option of the holder. They must be redeemed, "upon presentation and demand, within thirty days from date or delivery thereof," in goods or lawful money, as the holder may demand. In Tennessee and Virginia it is forbidden to issue for wages "any order or other paper whatever, unless the same purports to be redeemable for its face value in lawful money of the United States, bearing interest at legal rate."

Provisions requiring payment of wages in lawful money have been declared unconstitutional in Illinois, Ohio, Pennsylvania, South Carolina, and West Virginia.

In several States payment in ways forbidden by these laws is punishable by a fine. In New York the fine is $50; in Čalifornia, Virginia, and West Virginia it is not to exceed $100; in Illinois and Tennessee it is not to exceed $200; in Iowa and Washington, not to exceed $300; in Kansas and Kentucky, not to exceed $500; in Maryland it may be $100 for the first offense and from $500 to $1,000 for each succeeding offense.

Assignment of future wages.1-California, New Jersey, New York, and Pennsylvania provide that no assignment of future wages payable at periods fixed by law shall be valid if made to the employer or to a person on behalf of the employer, or if made to any person for the purpose of relieving such employer from the obligation to pay as provided by statute. In Indiana no assignment of such future wages is valid.

SEC. 3. COMPANY STORES.-New Jersey and Tennessee forbid persons or companies "who own or control a store for the sale of general

1 Cal., L. 1897, ch. 170, sec. 4; Ind., L. 1899, ch. 124, sec. 4; N. J., L. 1896, ch. 179, sec. 2; N. Y., L. 1897, ch. 415, sec. 12; Penn., Dig. 1895, p. 2027, sec. 28. The law of Pennsylvania is as follows: No assignment of future wages payable semimonthly, under the provisions of this act, shall be valid, nor shall any agreement be valid that relieves the said firms, individuals, corporations or associations from the obligation to pay semimonthly, and in the lawful money of the United States.

2 Colo., L. 1899, ch. 155; Ill., R. S. 1891, ch. 48, sec. 6; Frorer v. The People, 41 Ill.,171; Ind., An. St. 1894, ch. 81, secs. 7067,7072-7074; Iowa, L. 1888, ch. 55, sec. 2; Kan., L. 1897, ch. 145, sec. 3; Ky., L. 1898, ch. 15, sec. 2; Md., L. 1898, ch. 493; Mo., R. S. 1889, ch. 115, art. 1, sec. 7060; N. J., L. 1888, sec. 11; Ohio, R. S., sec. 7016; Penn., Dig. 1895, p. 1385, sec. 46; Act of June 29, 1881; Tenn., L. 1887, ch. 155; Va., L. 1887, ch. 391, sec. 4; Wash., Codes and Stats., Title 41, sec. 2532; W.Va., Code 1891, p. 1002, sec. 2; p. 1003,

sec. 4.

The essential parts of the Colorado act, which is very comprehensive, are as follows:

SECTION 1. It shall be unlawful for any person, company or corporation, or the agent or the business manager of any such person, company or corporation, doing business in this State, to use or employ, as a system, directly or indirectly, the "truck system" in he payment, in whole or in part, of the wages of any employee or employees of any such person, company or corporation.

SEC. 2. The words 'truck system' as used in the preceding section are defined to be: (1) Any agreement, method, means or understanding used or employed by an employer, directly or indirectly, to require his employee to waive the payment of his wages in lawful money of the United States, and to take the same, or ..ny part thereof, in goods, wares or merchandise, belonging to the employer or any other person or corporation. (2) Any condition in the contract of employment between employer and employee, direct or indirect or any understanding whatsoever, express or implied, that the wages of the employee, or any part thereof, shall be spent in any particular place or in any particular manner. (3) Any requirement or understanding whatsoever by the employer with the employee that does not permit the employee to purchase the necessaries of life where and of whom he likes without

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 and supplies at the aforesaid store by withholding the payment of wages longer than the usual time of payment, whereby the employee would be compelled" to buy at such store.

Maryland forbids a railroad or mining corporation doing business in Allegany County, or any officer or director of such corporation, to own or have any interest in a general store or merchandise business in Allegany County. Employees of such persons can recover by suit the amount paid for goods bought by them at such stores. They can recover in like manner from their employers the amount paid for goods bought at any store where they have been obliged to trade by a contract between their employers and the keeper of the store.

Mining corporations organized under the existing general laws of Pennsylvania are forbidden to engage in, or permit their employees or officials, in their interest or behalf, or upon their land, to engage in, the buying or selling of any commodity other than those specified in their charters. They may not permit any wages due to an employee to be withheld by reason of the furnishing of goods by any person to such employee, unless the same be withheld in obedience to due process of law. Such companies may, however, supply their employees with oil, powder, or other articles or implements used for or in mining. They are forbidden to grant to any person whomsoever the right to keep a general supply or other store upon the property of the corporation, if such grant is intended to defeat the provision recited. And no such corporation may make any contract with the keeper of any store whereby the employees of the corporation shall be obliged to trade with such keeper. The penalty for violation of these provisions is forfeiture of interference, coercion, let or hindrance. (4) To charge the employee interest, discount or other thing whatsoever for money advanced on his wages, earned or to be earned, where the pay days of the employer are at unreasonable intervals of time. (5) Any and all arrangements, means, or methods, by which any person, company or corporation, shall issue any truck order, scrip, or other writing whatsoever, by means whereof the maker thereof may charge the amount thereof to the employer of laboring men so receiving such truck order, scrip or other writing, with the understanding that such employer shall charge the same to his employee and deduct the same from his wages.

SEC. 3. Any truck order, scrip or other writing whatsoever, made, issued, or used in aid of or in furtherance of, or as a part of, the "truck system" as defined in this act, evidencing any debt or obligation from any person, company or corporation for wages due or to become due to any employee or employees of any person, company or corporation, issued under a system whereby it is the intent and purpose to settle such debt or debts by any means or device other than in lawful money, shall be utterly void in the hands of any person, company or corporation with knowledge that the same had been issued in pursuance of such system, and it shall be unlawful to have, hold or circulate the same with such knowledge.

SEC. 4. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, and by imprisonment in the county jail of not less than thirty days, nor more than six months. SEC. 5. The violation of the provisions of any section of this act by any coporation organized and existing under the laws of this State shall be deemed sufficient cause for the forfeiture of the charter of any such corporation, and the attorneygeneral of the State shall immediately commence proceedings in the proper court in the name of the people of the State of Colorado, against any such corporation for the forfeiture of its charter.

SEC. 6. Any foreign corporation doing business in this State that shall violate the provisions of any section of this act shall forfeit its right to do business in this State, and the attorney-general of the State shall, upon such violation coming to his knowledge, by information or otherwise, institute proceedings in the proper court for the forfeiture of the right of any such corporation to do business in his State.

the corporation's charter, to be enforced by suit of the attorneygeneral of the State. The courts have held that the prohibition of withholding wages, recited above, does not prevent the employee from making a valid assignment of any portion of his wages to secure the payment of his store bills.

The act of Illinois, passed in 1891, declared it unlawful for any person or company engaged in mining to be engaged or interested, directly or indirectly, in keeping a company or truck store, or to control any store for furnishing supplies, tools, clothing, or groceries to their employees. This was, however, declared unconstitutional by the Illinois supreme court.

Indiana, Virginia, and Ohio forbid a firm or company engaged in mining and likewise interested directly or indirectly in merchandising to sell goods to an employee for a greater percentage of profit than is charged on goods of like character and quantity to customers buying for cash; in Ohio "at higher prices than the reasonable or current market value in cash." A violation of this provision is punishable in each of the States named with a fine not to exceed $100. În Ohio the violator is also liable to his employee in civil action for double the amount of any charges in excess of the reasonable or current market value in cash of the goods or supplies. Similar acts of Pennsylvania (June 29, 1881) and West Virginia (Code 1891, p. 1003, sec. 4) have been declared unconstitutional. The Pennsylvania act provided that in case of the charging of such greater profits the debt for goods so sold should not be collectible. It was held to be an unwarranted infringement of the rights of private contract. The West Virginia law was held unconstitutional and void as being class legislation and an unjust interference with private contracts and business. (Penn., Row v. Haddock, 13 Kulp, 501; State v. F. C. Coal and Coke Company, 33 W. Va., 188.)

The following States forbid coercing or attempting to compel an employee to purchase goods or supplies from any particular person, firm, or company: Colorada, Indiana, Iowa, Kansas, Kentucky, Maryland, New Jersey, Ohio, Pennsylvania, Virginia, and Washington. A similar provision in Missouri has been declared unconstitutional. The Kentucky act applies only to mining; that of Maryland only to railroad and mining corporations in Allegany County. In Tennessee the penalty is a fine not exceeding $50; in Indiana, New Jersey, Kentucky, Ohio, and Virginia, a fine in no case exceeding $100. Ohio adds, "or imprisonment not more than sixty days, or both." Washington levies a fine not exceeding $300. In Iowa, Kansas, and Maryland, and by the Missouri law referred to, the fine may be as much as $500. In Iowa and Kansas imprisonment may be inflicted in place of fine or along with it; in Iowa, not exceeding $60; in Kansas, from $30 to $90. The Pennsylvania law applies only to corporations, and forfeiture of charter seems to be the only penalty provided.

SEC. 4. CORRECTNESS OF WEIGHING AND OF SCALES.1-In most States

1Ala., L. 1896–7, Act 486, sec. 5; Ark., Dig., sec. 5061; L. 1899, No. 102; Ill., L. 1899, Act Ap. 18, secs. 12, 24; Ind., An. St. 1894, secs. 7460-7462; Iowa, L. 1888, ch. 53, secs. 1, 2; Kan., L. 1893, ch. 188, secs. 2, 3; Md., L. 1898, ch. 34, secs. 204-207; Mo., R. S. 1889, sec. 7055, as amended by L. 1895, p. 229; 7056, as amended by L. 1899, p. 304, and L. 1899, p. 311; N. M., L. 1888-9, ch. 126, secs. 1, 2; Ohio, L. 1898, p. 163, sec. 1; Utah, L. 1897, ch. 19, secs. 1-3; Wash., Stats. and Codes, sec. 2244; W. Va., Code 1891, p. 998, sec. 4.