3. Trades, manufactures and mechanical employments.

4. Public traffic.

5. Serving process.

SEC. 6841. All manner of servile labor on the first day of the week is prohibited, excepting works of necessity or charity.

SEC. 6842. It is a sufficient defense in proceedings for servile labor on the first day of the week, to show that the accused uniformly keeps another day of the week as holy time, and does not labor upon that day, and that the labor complained of was done in such manner as not to interrupt or disturb other persons in observing the first day of the week as holy time.

SEC. 6844. All trades, manufactures and mechanical employments, upon the first day of the week are prohibited.

SEC. 6847. Every person guilty of Sabbath breaking is punishable by a fine of one dollar for each offense.

CHAPTER 15.-Conspiracy, etc.

SEC. 7037. If two or more persons conspire, either:

5. To prevent another from exercising a lawful trade or calling or doing any other lawful act, by force, threats, intimidation, or by interfering or threatening to interfere with tools, implements or property belonging to or used by another, or with the use or employment thereof; or,

6. To commit any act injurious to the public health, to public morals or to trade or commerce, or for the perversion or obstruction of justice, or of the due administration of the laws; each of them is guilty of a misdemeanor.

SEC. 7039. No conspiracy is punishable criminally unless it is one of those enumerated in the last two sections, and the orderly and peaceable assembling or cooperation of persons employed in any calling, trade or handicraft for the purpose of obtaining an advance in the rate of wages or compensation, or of maintaining such rate, is not a conspiracy.

CHAPTER 15.-Boycotting and blacklisting.

SEC. 7041. Every person, corporation, or agent thereof, who maliciously interferes or hinders, in any way, any citizen of this State from obtaining employment or enjoying employment, already obtained, from any other person or corporation, is guilty of a misdemeanor.

SEC. 7042. Every corporation, officer, agent or employee thereof, and every person of any corporation, on behalf of such corporation, who exchanges with or furnishes or delivers to any other corporation or any officer, agent, employee or person thereof, any blacklist," is guilty of a misdemeanor.

CHAPTER 18.-Negligence of engineers, etc.

SEC. 7091. Every engineer or other person having charge of any steam boiler, steam engine or other apparatus for generating or employing steam, employed in any manufactory, railway or other mechanical works, who willfully or from ignorance or gross neglect creates or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine or apparatus, or to cause any other accident whereby the death of a human being is produced, is guilty of manslaughter in the second degree.

CHAPTER 39.—Negligence of engineers, etc.

SEC. 7254. Every engineer or other person having charge of any steam boiler, steam engine or other apparatus for generating or employing steam, employed in any manufactory, railway or other mechanical works, who willfully or from ignorance or gross neglect, creates or allows to be created such an undue quantity of steam as to burst or break the boiler or engine or apparatus or cause any other accident whereby human life is endangered, is guilty of a misdemeanor.

CHAPTER 40.—Intoxication, neglect of duty, etc., of railroad employees. SEC. 7320. Every person who, while in charge as engineer, of a locomotive engine, or while acting as conductor or driver upon a railroad train or car, whether propelled by steam or drawn by horses, is intoxicated, is guilty of a misdemeanor. SEC. 7321. Every engineer, conductor, brakeman, switch tender or other officer, agent or servant, of any railroad company, who is guilty of any willful violation 2352- -52

or omission of his duty as such officer, agent or servant, by which human life or safety is endangered, the punishment for which is not otherwise prescribed, is guilty of a misdemeanor.

CHAPTER 61.-Injuries to railroad property.

SEC. 7547. Every person who maliciously either:

1. Removes, displaces, injures or destroys any part of any railroad, whether for steam or horse cars, or any track of any railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house or other structure or fixture, or any part thereof, attached to or connected with any railroad; or,

2. Places any obstruction upon the rails or track of any railroad, or any branch, branchway or turnout connected with any railroad.

Is punishable by imprisonment in the penitentiary not less than one and not exceeding four years, or in a county jail not less than six months.

SEC. 7548. Whenever any offense specified in the last section results in the death of any human being the offender is punishable by imprisonment in the penitentiary for not less than four years.

CHAPTER 71.-Intimidation of employers and employees.

SEC. 7660. 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.

SEC. 7661. Every person who, by any use of force, threats or intimidation, prevents or endeavors 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.

CHAPTER 71.—Conspiracies and mobs against mines.

SEC. 7662. In all cases when two or more persons shall associate themselves together for the purpose of obtaining possession of any lode, gulch or placer claim, then in the actual possession of another, by force and violence or by threats 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 exceeding six 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.

CHAPTER 71.-Employment, hours of labor, etc., of women and children. SEC. 7666. Every owner, stockholder, overseer, employer, clerk or foreman, of any manufactory, workshop or other place used for mechanical or manufacturing purposes, who, having control, shall compel any woman or any child under eighteen years of age, or permit any child under fourteen years of age, to labor in any day exceeding ten hours, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by fine not exceeding one hundred and not less than ten dollars.

CODE OF CRIMINAL PROCEdure.

CHAPTER 17.-Convict labor.

SEC. 8546. All persons sentenced to the punishment of imprisonment in the penitentiary and committed thereto shall be constantly employed for the benefit of the State.

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SEC. 8554. If the warden shall at any time deem it for the interest of the State, he may employ the inmates of the penitentiary outside the yard thereof in cultivating and improving any ground belonging thereto or in doing any work necessary to be done in the prosecution of the business of the penitentiary, or in the erection, repair or improvement of any or all the state buildings at Bismarck including the executive mansion, and the grounds of such buildings and mansion;

SEC. 8562. The warden is authorized and empowered by and with the advice and approval of the board of trustees, from time to time, to contract for and lease the labor of such number of the able-bodied persons confined in the penitentiary, together with such shop room, machinery and power as may be necessary for their proper employment, to such person or persons and for such purposes and upon such terms and conditions and for such length of time, not exceeding five years at any one time, as he shall deem most conducive to the interests of the State and the welfare of the penitentiary and the persons to be employed therefrom.

SEC. 8563. In every contract or lease, made pursuant to the authority conferred by this article there shall be reserved to the board of trustees of the penitentiary, and to the warden and to each and every one of his subordinates, full power and authority to prevent said contractors or lessees demanding from, or imposing upon the laborers so contracted for or leased, any unusual or severe labor, or any labor whereby the health or safety of any laborer may be impaired or jeopardized; and the warden may from time to time prescribe all needful rules and regulations for the government and conduct of such contractors or lessees, their overseers and agents in their relations to the inmates of the penitentiary, and may require and enforce the summary dismissal of any individual employed by any contractor or lessee in or about the penitentiary, whenever it shall appear that the presence or conduct of such individual is prejudicial in any way to the discipline of the penitentiary, or the welfare of the inmates thereof.

SEC. 8564. Adequate security to the State of North Dakota, by bond, to be approved by the board of trustees, shall be exacted of all contractors or lessees, for the faithful performance of all the provisions of the contracts or leases on their part to be performed; and the board of trustees, each member thereof and the warden and his subordinates, shall use their utmost endeavors to have all the terms and conditions of any such contract or lease fully complied with; but no contractor or lessee shall have or claim from the State of North Dakota, or from the board of trustees or any member thereof, or from the warden or any of his subordinates, or from any of the funds of the penitentiary, any damages whatever, either by way of recoupment or set-off, or otherwise in law or equity, for or on account of the failure or neglect of the warden or his subordinates, to furnish to such contractor or lessee the full amount of labor or the full number of laborers specified in any such contract or lease.

SEC. 8565. The board of trustees of the penitentiary are empowered fully to control and direct the warden in the exercise of the authority conferred upon him, in regard to all contracts and leases for the labor of persons confined in the penitentiary, and of shop room, machinery and power, and may whenever, in the judgment of the board of trustees, it is impracticable or disadvantageous to the State to continue to furnish any laborers, shop room, machinery or power, to any contractor or lessee, order and direct the cancellation of any such contract or lease, and thereupon after six months' notice to such contractor or lessee, all obligations of the board of trustees or the members thereof and of the warden and his subordinates, and the State under such contract or lease, shall cease and determine, and such contractor or lessee shall not have or be entitled to any compensation whatever, for or on account of such cancellation, either by way of damages, or recoupment or set-off, or otherwise in law or equity.

SEC. 8566. All contracts or leases for the hiring or leasing of the labor of persons confined in the penitentiary, and of shop room, machinery and power, or any of them, shall be executed in triplicate, and on behalf of the State by the warden in the name of the State, and in writing, and one copy thereof delivered to the contractor or lessee, one copy to the state auditor and one copy retained by the warden in his office at the penitentiary. Before entering into or executing any such contract or lease the warden shall, by notice published for at least three successive weeks in at least three newspapers published in this State, invite sealed

proposals for the hiring and leasing of such labor, shop room, machinery and power. The time specified in said notice for the opening of said proposals shall be the day of a regular monthly meeting of the board of trustees and the place so specified shall be the warden's office at the penitentiary. All proposals received shall be opened in the presence of the board, and such other persons as may desire to be present, and immediately submitted to the board and after consideration the contract or lease shall be awarded by the warden to the highest and best bidder or bidders therefor; Provided, The board of trustees so advises and directs; And provided, further, That the board of trustees and the warden shall reserve and have the right to reject any and all bids. In awarding such contract or lease, preference shall be given to persons residing and doing business within this State. SEC. 8567. It shall be the duty of the board of trustees and the warden to cause to be kept at the penitentiary a correct record in detail of the time of labor and the money earned by each and every person, naming him, confined therein, and the rental of any shop room, machinery and power, under any contract or lease therefor, and all money so earned and rental shall belong to the State, and said board of trustees and warden shall enforce the collection thereof when due, and it shall be the duty of the accounting officer of the penitentiary to account for and pay over all such moneys, at the times and in the manner provided by law. Whenever any industry is carried on at the penitentiary under the provisions of this article and the nature thereof is such that it is practicable for the board of trustees to establish the amount of labor constituting a day's work, it shall so do, and any inmate employed under the provisions of this article after having completed a day's work as so established shall be permitted to continue work during the remainder of the hours of employment of the day and therefor to receive in money for his own use at his discharge, or at any time upon the approval of the board of trustees, the full amount earned by him at the rate agreed upon between the inmates, doing extra work, and the contractors and lessees, subject to the approval of the board of trustees. It shall be the duty of all officers of the penitentiary to see that the provisions of this section are carried into effect.

SEC. 8568. The accounting officer of the penitentiary shall within five days after the end of each month give to the state auditor and to each inmate entitled thereto under the provisions of this article a certificate, showing the amount to which such inmate is entitled for the preceding month under the provisions of the last section. The amount so earned by inmates shall be collected at the same time and in the manner provided for the collection of other sums due from the lessees or contractors and delivered to the state treasurer. The state treasurer shall retain such money as a separate fund.

SEC. 8569. Whenever any inmate who has any money to his credit under the provisions of this article is discharged from the penitentiary, the state auditor upon the presentation and surrender to him of such certificates shall audit said claims and draw his warrant upon the state treasurer for the amount due thereon and the state treasurer shall pay the same on demand.

SEC. 8570. All contracts and leases provided for in this article shall be subject. to the provisions of the last three sections.

SEC. 8571. The board of trustees of the penitentiary of this State is hereby authorized and empowered to employ the convict labor of the State, or so much thereof as can not be preferably otherwise employed, in the manufacture of brick, with which they are to make needed repairs, additions or improvements on the public buildings of the State.

SEC. 8572. For the purpose of enabling the carrying out of the provisions of this article, said trustees are hereby authorized to purchase such tools and machinery as they may deem necessary.

SEC. 8573. Such trustees are authorized and empowered to employ so much of said labor as they may deem necessary in macadamizing or otherwise improving the roads and streets used as approaches to the penitentiary, state capitol or other public institutions within the State, and in making such improvements such board is authorized to contract indebtedness not exceeding one thousand dollars in any one year, which shall be paid out of any money that may be received from any contract now existing or that may hereafter be made for the employment of such labor.

SEC. 8574. Such board of trustees shall dispose of said brick manufactured as in this article provided, as they may be directed by the governor, state auditor, and secretary of state, who are hereby created a board with authority to dispose of any brick manufactured by convict labor, according to their best judgment, and for the interests of the State, at such prices as said board may provide. The receipts of such sales shall be turned over to the trustees aforesaid and used in payment of the expenses incurred in connection with the manufacture of brick or building, or improving roads and streets as herein before provided.

CHAPTER 19.-Convict labor.

SEC. 8622. Whenever any person shall be confined in any jail pursuant to the sentence of any court, if such sentence or any part thereof shall be that he be confined at hard labor, the sheriff of the county in which such person shall be confined shall furnish such convict with suitable tools and materials to work with, if, in the opinion of the said sheriff, the said convict can be profitably employed either in the jail or yard thereof, and the expense of said tools and materials shall be defrayed by the county in which said convict shall be confined, and said county shall be entitled to his earnings. And the said sheriff, if in his opinion the said convict can be more profitably employed outside of said jail or yard, either for the county or for any municipality in said county, it shall be his duty so to employ said convict either in work on public streets or highways or otherwise, and in so doing he shall take all necessary precautions to prevent said convict's escape, by ball and chain or otherwise, and fifty per cent of the profits of such employment, after paying all expenses incident thereto, may be retained by said sheriff as his fees therefor, the balance to be paid into the treasury of the proper county to the credit of the general fund; and when a convict is imprisoned in the county jail for nonpayment of a fine he may be employed by said sheriff as provided in this chapter; and in case any convict employed outside of the jail yard shall escape, he shall be deemed to have escaped from the jail proper.

SEC. 8623. Any court, justice of the peace, police court or police magistrate, in cases when such courts have jurisdiction under the laws of this State, or as provided by the ordinances or charter of any incorporated town or city in the State, shall have full power and authority to sentence such convict to hard labor as provided in this chapter.

SEC. 8624. When the imprisonment is pursuant to the judgment of any court, police court, police magistrate of an incorporated city or town for the violation of any ordinance, by-law or other regulation, the marshal or other officer acting as such shall superintend the performance of the labor herein contemplated, and shall furnish the tools and materials, if necessary, at the expense of the city or town requiring the labor, and such city or town shall be entitled to the earnings

of its convicts.

SEC. 8626. For every day's labor performed by any convict under the provisions of this chapter, there shall be credited on any judgment for fine and costs against him the sum of two dollars.

OHIO.
CONSTITUTION.

ARTICLE 1.-Slavery, etc., prohibited.

SECTION 6. There shall be no slavery in this State; nor involuntary servitude, unless for the punishment of crime.

REVISED STATUTES-SEVENTH EDITION.

PART I.-POLITICAL.

TITLE 3.-Fees for incorporation of societies of mechanics, etc. SECTION 148a. The secretary of state shall hereafter charge and collect the following fees for official services:

5. For filing the articles of incorporation of corporations formed for religious, benevolent or literary purposes; or of such corporations as are not organized for profit, have no capital stock, and are not mutual in their character; or of religious or secret societies, or of societies or associations composed exclusively of any class of mechanics, express, telegraph, railroad or other employees, formed for the mutual protection and relief of the members thereof and their families exclusively, two dollars.

TITLE 3.—Mine regulations and inspection. (a)

SEC. 290. For the purpose of facilitating an efficient and thorough inspection of mines in Ohio, and to provide an adequate inspecting force therefor, the governor shall appoint, by and with the consent of the senate, one chief inspector, who,

a See Decision, page 1317.