Labor Laws of the United States

CHAPTER 94.-Convict labor.

SEC. 1. The penitentiary board are hereby authorized to purchase and equip, with the consent of the governor, agricultural lands or improved farms, to be by them selected with a view to productiveness of soil and accessibility to railroads, for the purpose of establishing thereon state farms, and employing thereon convict labor on state account.

CHAPTER 104.—Employment of nonresidents for police duty prohibited.

SEC. 1. No person, corporation, or firm shall be permitted to employ any armed force of detectives, or other persons not residents of this State, in the State of Texas.

SEC. 2. Any person, firm, or corporation employing such forces contrary to the provisions of this act shall be liable to pay to the State of Texas, as a penalty, not less than twenty-five nor more than one thousand dollars, to be recovered before any court of competent jurisdiction in this State: Provided, That nothing herein shall be construed to deprive any person, firm, or corporation of the right of selfdefense, or in defense of the property of said person, firm, or corporation by such lawful means as may be necessary to such defense.

ACTS OF 1895.

CHAPTER 61.-Boards of arbitration.

SECTION 1. Whenever any grievance or dispute of any nature, growing out of the relation of employer and employees, shall arise or exist between employer and employees, it shall be lawful, upon mutual consent of all parties, to submit all matters respecting such grievance or dispute in writing to a board of arbitrators to hear, adjudicate, and determine the same. Said board shall consist of five (5) persons. When the employees concerned in such grievance or dispute as the aforesaid are members in good standing of any labor organization which is represented by one or more delegates in a central body, the said central body shall have power to designate two (2) of said arbitrators, and the employer shall have the power to designate two (2) others of said arbitrators, and the said four arbitrators shall designate a fifth person as arbitrator, who shall be chairman of the board. In case the employees concerned in any such grievance or dispute as aforesaid are members in good standing of a labor organization which is not represented in a central body, then the organization of which they are members shall designate two members of said board, and said board shall be organized as hereinbefore provided; and in case the employees concerned in any such grievance or dispute as aforesaid are not members of any labor organization, then a majority of said employees, at a meeting duly held for that purpose, shall designate two arbitrators for said board, and said board shall be organized as herein before provided: Provided, That when the two arbitrators selected by the respective parties to the controversy, the district judge of the district having jurisdiction of the subject-matter shall, upon notice from either of said arbitrators that they have failed to agree upon the fifth arbitrator, appoint said fifth arbitrator.

SEC. 2. Any board as aforesaid selected inay present a petition in writing to the district judge of the county where such grievance or dispute to be arbitrated may arise, signed by a majority of said board, setting forth in brief terms the facts showing their due and regular appointment, and the nature of the grievance or dispute between the parties to said arbitration, and praying the license or order of such judge establishing and approving of said board of arbitration. Upon the presentation of said petition it shall be the duty of said judge, if it appear that all requirements of this act have been complied with, to make an order establishing such board of arbitration and referring the matters in dispute to it for hearing, adjudication and determination. The said petition and order, or a copy thereof, shall be filed in the office of the district clerk of the county in which the arbitration is sought.

SEC. 3. When a controversy involves and affects the interests of two or more classes or grades of employees belonging to different labor organizations, or of individuals who are not members of a labor organization, then the two arbitrators selected by the employees shall be agreed upon and selected by the concurrent action of all such labor organizations, and a majority of such individuals who are not members of a labor organization.

SEC, 4. The submission shall be in writing, shall be signed by the employer or

receiver and the labor organization representing the employees, or any laborer or laborers to be affected by such arbitration who may not belong to any labor organization, shall state the question to be decided, and shall contain appropriate provisions by which the respective parties shall stipulate as follows:

1. That pending the arbitration the existing status prior to any disagreement or strike shall not be changed.

2. That the award shall be filed in the office of the clerk of the district court of the county in which said board of arbitration is held, and shall be final and conclusive upon both parties, unless set aside for error of law, apparent on the record. 3. That the respective parties to the award will each faithfully execute the same, and that the same may be specifically enforced in equity so far as the powers of a court of equity permit.

4. That the employees dissatisfied with the award shall not by reason of such dissatisfaction quit the service of said employer or receiver before the expiration of thirty days, nor without giving said employer or receiver thirty days written notice of their intention so to quit.

5. That said award shall continue in force as between the parties thereto for the period of one year after the same shall go into practical operation, and no new arbitration upon the same subject between the same parties shall be had until the expiration of said one year.

SEC. 5. The arbitrators so selected shall sign a consent to act as such and shall take and subscribe an oath before some officer authorized to administer the same to faithfully and impartially discharge his duties as such arbitrator, which consent and oath shall be immediately filed in the office of the clerk of the district court wherein such arbitrators are to act. When said board is ready for the transaction of business it shall select one of its members to act as secretary and the parties to the dispute shall receive notice of a time and place of hearing, which shall be not more than ten days after such agreement to arbitrate has been filed. SEC. 6. The chairman shall have power to administer oaths and to issue subpoenas for the production of books and papers and for the attendance of witnesses to the same extent that such power is possessed by the court of record or the judge thereof in this State. The board may make and enforce the rules for its government and transaction of the business before it and fix its sessions and adjournment, and shall herein examine such witnesses as may be brought before the board, and such other proof as may be given relative to the matter in dispute.

SEC. 7. When said board shall have rendered its adjudication and determination its powers shall cease, unless there may be at the time in existence other similar grievances or disputes between the same class of persons mentioned in section 1, and in such case such persons may submit their differences to said board, which shall have power to act and adjudicate and determine the same as fully as if said board was originally created for the settlement of such difference or differences. SEC. 8. During the pendency of arbitration under this act it shall not be lawful for the employer or receiver party to such arbitration, nor his agent, to discharge the employees parties thereto, except for inefficiency, violation of law, or neglect of duty, or where reduction of force is necessary, nor for the organization representing such employees to order, nor for the employees to unite in, aid or abet strikes or boycots against such employer or receiver.

SEC. 9. Each of the said board of arbitrators shall receive three dollars per day for every day in actual service, not to exceed ten (10) days, and traveling expenses not to exceed five cents per mile actually traveled in getting to or returning from the place where the board is in session. The fees of witnesses of aforesaid board shall be fifty cents for each day's attendance and five cents per mile traveled by the nearest route to and returning from the place where attendance is required by the board. All subpoenas shall be signed by the secretary of the board and may be served by any person of full age authorized by the board to serve the same. The fees and mileage of witnesses and the per diem and traveling expenses of said arbitrators shall be taxed as costs against either or all of the parties to said arbitration, as the board of arbitrators may deem just, and shall constitute part of their award, and each of the parties to said arbitration shall, before the arbitration [arbitrators] proceed to consider the matters submitted to them, give a bond, with two or more good and sufficient sureties in an amount to be fixed by the board of arbitration, conditioned for the payment of all the expenses connected with the said arbitration.

SEC. 10. The award shall be made in triplicate. One copy shall be filed in the district clerk's office, one copy shall be given to the employer or receiver, and one copy to the employees or their duly authorized representative. The award being filed in the clerk's office of the district court, as hereinbefore provided, shall go into practical operation and judgment shall be entered thereon accordingly at the

expiration of ten days from such filing, unless within such ten days either party shall file exceptions thereto for matter of law apparent on the record, in which case said award shall go into practical operation and judgment rendered accordingly when such exceptions shall have been fully disposed of by either said district court or an appeal therefrom.

SEC. 11. At the expiration of ten days from the decision of the district court upon exceptions taken to said award as aforesaid, judgment shall be entered in accordance with said decision, unless during the said ten days either party shall appeal therefrom to the court of civil appeals holding jurisdiction thereof. In such case only such portion of the record shall be transmitted to the appellate court as is necessary to the proper understanding and consideration of the questions of law presented by said exceptions and to be decided. The determination of said court of civil appeals upon said questions shall be final, and being certified by the clerk of said court of civil appeals, judgment pursuant thereto shall thereupon be entered by said district court. If exceptions to an award are finally sustained, judgment shall be entered setting aside the award; but in such case the parties may agree upon a judgment to be entered disposing of the subject-matter of the controversy, which judgment, when entered, shall have the same force and effect as judgment entered upon an award.

CHAPTER 81.-Trade-marks of trades unions, etc.

SEC. 1. Whenever any person. association, private corporations or union of workingmen, incorporated or unincorporated, have adopted or shall hereafter adopt for their protection any label, trade-mark, design, device, imprint or form of advertisement, indicating that goods to which such label, trade-mark, design, device, imprint or form of advertisement shall be attached, were manufactured by such person, association, private corporations or union, or by a member or members of such association or union, it shall be unlawful for any person, inclusive of officers, agents, receiver or receivers of corporations, to counterfeit or imitate such label, trade-mark, design, device, imprint or form of advertisement or to use such counterfeit or imitation of such label, trade-mark, design, device, imprint, or form of advertisement, knowing the same to be counterfeit or imitation, or to aid, assist, countenance or knowingly permit such counterfeit or imitation or the use of such counterfeit or imitation for his own use or benefit, or for the use or benefit of any corporation of which he may then be an officer, agent or receiver. Every person, whether in his individual capacity or as an officer, agent or receiver of a corporation, violating this section shall, upon conviction, be punished by fine of not less than twenty-five nor more than one hundred dollars. Each day's violation of this section shall be considered a separate offense.

SEC. 2. Every person, whether in his individual capacity or as the officer, agent or receiver of a corporation, who shall willfully and knowingly use or display the genuine label, trade-mark, design, device, imprint, or form of advertisement, or name of any such person, association or union, incorporated or unincorporated, not being authorized to use or display the same, or shall aid, assist, countenance or knowingly permit the use of the same, not being authorized to use the same, shall, upon conviction, be punished by fine of not less than twenty-five nor more than one hundred dollars.

SEC. 3. Every person, association or union of workingmen, incorporated or unincorporated, having adopted a label, trade-mark, design, device, imprint or form of advertisement, as aforesaid, may proceed by suit to enjoin the wrongful manufacture, use, display or sale of any such label, trade-mark, design, device, imprint or form of advertisement, and the manufacture, use, display or sale of any such counterfeit or imitation, and all courts having jurisdiction thereof shall grant injunctions to restrain such manufacture, use, display or sale, and shall award the plaintiff in such suit such damages resulting from such wrongful manufacture, use, display or sale as by him may have been sustained. Where such association or union is not incorporated suits under this act may be commenced and prosecuted by any officer or member of such association or union in his own name, for himself and for the use and benefit of such association or union.

SEC. 4. Every person, association or union of workingmen, incorporated or unincorporated, that has heretofore or shall hereafter adopt a label, trade-mark, design, device, imprint or form of advertisement, shall file the same in the office of the secretary of state by leaving two copies, counterparts or facsimiles thereof, with the secretary of state, and said secretary shall deliver back to such person, association or union so filing the same one of said copies, counterparts or facsimiles, along with and attached to a duly attested certificate of the filing of same, for which he shall receive a fee of one dollar from such person, association or union.

Such certificate of filing shall in all suits and prosecutions under this act be sufficient proof of the adoption of such label, trade-mark, design, device, imprint or form of advertisement, and of the right of such person, association or union to adopt the same. Nolabel, trade-mark, design, device, imprint or form of advertisements shall be filed as aforesaid that would probably be mistaken for a label, trademark, design, device, imprint or form of advertisement already of record: Provided, That no person or association shall be permitted to register as a label, trade-mark, design, device, imprint or form of advertisement, any emblem, design or resemblance thereto that has been adopted or used by any charitable, benevolent or religious society or association without their consent: And provided, further, That all persons, institutions or associations now using a label, trade-mark, design, device. imprint or form of advertisement shall have thirty days time after this act takes effect in which to file such label, trade-mark, design, device, imprint or form of advertisement under the provisions of this act, before the same can be registered by others.

CHAPTER 128.-Convict labor-In Fannin, Kaufman, and Robertson counties.

SEC. 3. The commissioners court of said counties shall require all county convicts, not otherwise employed, to labor upon the public roads under such regulations as they may prescribe, and each convict so worked shall receive a credit of fifty cents on his fine first, and then on the cost, for each day he may labor.

CHAPTER 130.-Convict labor-In Parker County.

* *

SEC. 3. The commissioners of said county may require all county convicts of said county, not otherwise employed, to labor on the public roads under such regulations as said court may prescribe; and each convict so worked shall receive a credit of fifty cents on his fine first, and then on the cost, of each day that he may labor.

CHAPTER 132.-Convict labor-In Dallas, Lamar, and Medina counties.

SEC. 3. The commissioners of said counties shall require all county convicts of said counties not otherwise employed to labor on the public roads, under such regulations as said court may prescribe; and each convict so worked shall receive a credit of fifty cents on his fine first, and then on the cost, of each day that he may labor.

* *

CHAPTER 134.-Convict labor-In Hill, Grimes, Cooke, Hunt, Jackson, Bee, and Victoria counties.

UTAH.

CONSTITUTION.

ARTICLE 1.-Slavery, etc., prohibited.

SECTION 21. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within this State.

ARTICLE 12.-Importation of armed men for police duty prohibited.

SEC. 16. No corporation or association shall bring any armed person or bodies of men into this State for the preservation of the peace, or the suppression of domestic troubles without authority of law.

ARTICLE 12.-Blacklisting.

SEC. 19. Every person in this State shall be free to obtain employment whenever possible, and any person, corporation, or agent, servant or employee thereof, mali

ciously interfering or hindering in any way, any person from obtaining or enjoyng employment already obtained, from any other corporation or person, shall be ideemed guilty of a crime. The legislature shall provide by law for the enforcement of this section.

ARTICLE 16.- Labor.

SEC. 1. The rights of labor shall have just protection through laws calculated to promote the industrial welfare of the State.

SEC. 2. The legislature shall provide by law, for a board of labor, conciliation and arbitration, which shall fairly represent the interests of both capital and labor. The board shall perform duties, and receive compensation as prescribed by law. SEC. 3. The legislature shall prohibit:

First. The employment of women, or of children under the age of fourteen years, in underground mines.

Second. The contracting of convict labor.

Third. The labor of convicts outside prison grounds, except on public works under the direct control of the State.

Fourth. The political and commercial control of employees.

SEC. 4. The exchange of blacklists by railroad companies or other corporations, associations or persons is prohibited.

SEC. 5. The right of action to recover damages for injuries resulting in death, shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation.

SEC. 6. Eight hours shall constitute a day's work on all works or undertakings carried on or aided by the state, county or municipal governments; and the legislature shall pass laws to provide for the health and safety of employees in factories, smelters and mines.

SEC. 7. The legislature, by appropriate legislation, shall provide for the enforcement of the provisions of this article.

ARTICLE 22.-Exemption from execution, etc.-Homesteads.

SEC. 1. The legislature shall provide by law, for the selection by each head of a family, an exemption of a homestead, which may consist of one or more parcels of land, together with the appurtenances and improvements thereon, of the value of at least fifteen hundred dollars, from sale on execution.

ARTICLE 24.-Territorial laws in force in State.

SEC. 2. All laws of the Territory of Utah now in force, not repugnant to this constitution, shall remain in force until they expire by their own limitations, or are altered or repealed by the legislature, * * *

COMPILED LAWS OF 1888-TERRITORIAL.

PART SECOND.

CHAPTER 6.-Convict labor.

SECTION 187. The county courts in their respective counties have jurisdiction and power * * *

28. To provide for the working of prisoners confined in the county jail, under judgment of conviction of a misdemeanor, (when under such judgment of conviction or existing laws said prisoners are liable to labor) under the direction of some responsible person, upon the public grounds, roads, streets, alleys, highways, or public buildings for the benefit of the county.

PART THIRD.

CHAPTER 10.-Exemption from taxation.

SEC. 2009. All property, real and personal, situate and being in this Territory, is taxable, except:

7. Private libraries and libraries of professional persons, not exceeding three hundred dollars in value.

« Eelmine Jätka »

Books