shops, and mercantile establishments to said commissioner, to be of [on] file in the department of commerce and labor, and shall collect such information and statistics as the commissioner may direct and under the direction and supervision of the commissioner may institute proceedings against any person, firm, or corporation found violating any of the laws with the enforcement of which said department is charged.

SEC. 3. Salary, etc.-The inspector shall receive a salary of $1,200 per annum, payable in the manner prescribed for other statehouse officials, and shall further receive out of the contingent fund of the department of commerce and labor his necessary traveling expenses while on the road making inspections and collecting information and statistics for the department, said expense vouchers to be approved by the commissioner of commerce and labor.

ACTS OF 1919

ACT No. 43.-Payment of wages—Semimonthly pay day

(Page 388)

SECTION 1. Scope of law.-Every person, firm or corporation, including steam and electric railroads, but not including farming, saw-mill, and turpentine industries, employing wage-workers, skilled or unskilled, engaged in manual, mechanical or clerical labor including all employees, except officials, superintendents, or other heads or sub-heads of departments, who may be employed by the month or year at stipulated salaries, shall make payments in lawful money, or checks, of the United States to said employees, laborers and workers or to their authorized representatives; such payments to be made on such dates during the month as may be decided upon by such person, firm or corporation: Provided, however, That such dates as may be selected shall amount to an equal division of the month in respect to the time of payments, the full net amount of wages or earnings due said employees, laborers and wage-workers, and in case any such employer shall refuse or willfully fail to make payments when demanded, upon the regular days of payment, to such wage-earner, said employer, the members of the firm, the directors, officers, and superintendents or managers of corporations and associations shall, upon conviction, be sentenced to pay a fine not exceeding two hundred dollars: Provided, No person, firm or corporation is not in a financial condition to pay said wages, [sic] or salary, but insolvency shall be the only defense to an indictment for such an offense, and an extension of time within which to pay said wages or salary shall operate to make the offense under this act to be committed on date last agreed upon for payment of same.

ACTS OF 1923-EXTRAORDINARY SESSION

Private employment offices-Wage brokers-License tax

PARAGRAPH 58. Employment offices.-[Upon all employment agencies or bureaus doing business in this State, $50 for each county.]

PAR. 111. Wage_brokers.—[Upon each person, firm, or corporation or partnership buying salary or wage accounts and all negotiable papers, $100 for each office and place of business maintained.]

HAWAII

REVISED LAWS-1915

Employment of labor on public works

SECTION 157 (as amended by No. 19, Acts of 1923). Aliens.—All officers, deputies, clerks, assistants, interpreters, police, laborers, and other persons employed in the service of the government of the Territory of Hawaii, or in the service of any county or municipal subdivision of said Territory, shall be citizens or eligible to become citizens of the United States of America; except that in cases where it is not reasonably practicable to obtain citizens competent for such service, persons other than citizens may be employed;

SEC. 158. Violations.-Any public official who shall violate any provisions of section 157 shall be liable upon conviction to a penalty of not less than ten dollars nor more than one hundred dollars, discretionary with the court.

SEC. 159. Semimonthly pay days.-The fifteenth and last days in each month shall be the pay days of all employees engaged in constructing or repairing roads, bridges, or streets for the Territory of Hawaii.

SEC. 160. Aliens not to be employed.-No person shall be employed as a mechanic or laborer upon any public work carried on by this Territory, or by any political subdivision thereof, whether the work is done by contract or otherwise, unless such person is a citizen of the United States, or eligible to become a citizen: Provided, however, That in the event that unskilled citizen labor, or unskilled labor eligible to become citizen labor, can not be obtained to do the required work, the superintendent of public works, or the county board of control, or the mayor, or other chief executive of any municipality, respectively, shall have the power to issue permits to employ other than citizen, or eligible to become citizen, unskilled labor until such citizen, or eligible to become citizen, unskilled labor can be obtained.

SEC. 161. Hours of labor.-Eight hours of actual service on any working day, except on Saturday, on which day only five hours of actual service shall constitute a day's labor for all mechanics, laborers, clerks, and other employees employed upon any public work or in any public office of this Territory, or any political subdivision thereof, whether the work is done by contract or otherwise.

SEC. 162. Contract.-A stipulation that no mechanics, clerks, laborers, or other employees employed upon any public work in the employ of the contractor or subcontractor shall be required to work more than eight hours in any one calendar day, except in cases of extraordinary emergency, and that no mechanic or laborer, other than a citizen of the United States, or person eligible to become a citizen, shall be employed, shall be contained in every contract to which the Territory or any political subdivision thereof is a party.

SEC. 163. Violations.-[Violations of sections 160-163 are punishable by a fine of from $10 to $100 for each offense. Each day a mechanic, clerk, etc., is employed contrary to the law is a separate offense. Contracts not in compliance with section 162 are void.]

Employment of children-School attendance

SECTION 286. Requirement.—[Attendance is compulsory to 15 years of age, unless 14 and suitably employed under direction of parent or guardian.]

Department of immigration, labor, and statistics

SECTION 643. Department created.-There is hereby established within and for the Territory of Hawaii a department of immigration, labor, and statistics, which shall be in charge of a board of immigration, labor, and statistics.

SEC. 644. Appointed, how.-The board shall be composed of five members, who shall be appointed by the governor in the manner prescribed in section 80 of the organic act, for terms of five years or the unexpired periods thereof, so that the term of one member shall expire on April 30 in each year, beginning with 1912.

SEC. 645. Organization.—One of the members shall be president of the board and shall be so designated in his appointment. The members shall be entitled to reimbursement for their actual expenses in attending meetings of the board. The board may, with the approval of the governor, appoint a commis. sioner of immigration, labor and statistics, who shall receive such compensation out of the funds at the disposal of the board, as shall be prescribed by the board, with the approval of the governor. The board may appoint such other officers, agents and servants as it may deem necessary, and regulate their powers and duties consistently with law, and may procure for its use necessary offices. It may remove such commissioner and any of its other officers, agents and servants.

SEC. 646. Duties.-The board may make full inquiry, examination and investigation into the condition, welfare, and industrial opportunities of all immigrants and settlers arriving or being within the Territory. It may also collect information with respect to the need and demand for labor by the several agricultural, industrial, and other productive activities throughout the Territory; gather information with respect to the supply of labor afforded by such immigrants and settlers as shall from time to time arrive or be within the Territory; ascertain the occupations for which such persons may be best adapted and bring about intercommunication between them and those requiring labor; investigate the treatment accorded them; cooperate with public and philanthropic agencies designed to aid in the distribution and employment of labor, and devise and carry out such other suitable methods as will tend to prevent or relieve unemployment.

SEC. 647. Powers.-The board may make all contracts and do all acts necessary or proper for securing low rates of fare to immigrants, for paying their passage money and otherwise facilitating their transportation, and for their reception and temporary accommodation.

SEC. 648. Records.-The board shall, as far as possible, keep a record showing the places of residence and the occupations followed by every immigrant brought to Hawaii at the expense of the Territory for at least a year next preceding the embarkation of said immigrant for Hawaii.

SEC. 649. * Labor camps, investigations, etc.-The board may inspect all labor camps within the Territory, and all employment and contract labor agencies.

The board shall investigate complaints with regard to fraud or extortion practiced against alien and other immigrants introduced under its auspices, or otherwise, and shall present to the proper authorities the results of such investigation, for action thereon; and shall investigate and study the general social and economic conditions of alien and other immigrants and settlers within the Territory for the purpose of promoting their welfare and that of the Territory, and inducing remedial action by appropriate public and private agencies.

SEC. 651. Reports.-It shall be the duty of the board to make an annual report to the governor, to be by him laid before the legislature. Such report shall give an itemized statement of all moneys received by the board and from what source received, and to whom and for what purpose paid, during the preceding fiscal year. It shall show also the number of immigrants brought to Hawaii at the expense of the Territory during such year, together with the race, nationality, age, sex, conjugal condition, literacy, and the residence and occupation, so far as possible, for at least one year preceding the embarkation of every such immigrant. It shall also show the per capita cost of introducing such immigrants to Hawaii. It shall also show other matters which the board is empowered to investigate or to act upon under this act, and such statistics relating to the Territory of Hawaii as the legislature, or the governor, may from time to time direct to be gathered.

Tenement and lodging houses-Inspection, etc.

SECTION 971. Roof, air space, etc.-Every house or tenement used or occupied as a dwelling for lodgers or contract laborers shall be kept by its owner in good repair, with the roof water-tight, and shall have the capacity of not less than three hundred cubic feet of space for each adult, or nine hundred cubic feet for one man and woman and two children.

SEC. 972. Sanitation.-The yard and grounds about all dwellings shall be well drained and kept free from rubbish of every description, with a closet, or privy, also to be kept in repair by the lodging-house keeper or employer of laborers, for every six adults.

SEC. 973. Access to be given.-Every owner or keeper and every other person having the care or management of a lodging-house or of a dwelling for contract laborers, shall at all times when required by the board of health or its agents give free access to such house or any part thereof.

SEC. 974. Penalty.-Every lodging-house keeper or employer of laborers who shall fail to comply with the provisions of this chapter shall pay a fine not exceeding fifty dollars.

Contracts of employment-Stamp duties

SECTION 1369. Tax on employers.—[A stamp duty of $1 (50 cents on the original contract and 50 cents on the duplicate copy) to be paid by the employer on each contract for labor for each year or fractional part thereof, is prescribed.] . Private employment offices

SECTION 2025. Fee.—[An annual license fee of $25 is required.]

*

Public service employees-Duties of commission-Accidents SECTION 2225. Powers of commission.-The [public utilities] commission and each commissioner shall have power to examine into the condition of each public utility doing business in the Territory, the manner in which it is operated with reference to the safety or accommodation of the public, the safety, working hours and wages of its employees, and all matters of every nature affecting the relations and transactions between it and the public or persons or corporations. Any such investigation may be made by the commission on its own motion, and shall be made when requested by the public utility to be investigated, or upon a sworn written complaint to the commission, setting forth any prima facie cause of complaint. All hearings conducted by the commission shall be open to the public. A majority of the commission shall constitute a quorum.

SEC. 2227. Accidents to be reported.-Every public utility shall report to the commission all accidents caused by or occurring in connection with its operations and service, and the commission shall investigate the causes of any accident which results in loss of life, and may investigate any other accidents which in its opinion require investigation.

Wages-Suits-Exemptions

SECTION 2469. Exemptions.-[Homestead exemption does not apply where wages of mechanics are involved.]

SEC. 2470. Amount exempt.-[Exempts from attachment or execution onehalf the wages due every laborer or person working for wages.]

Inducing workmen to leave employment

SECTION 2474. Injunction.—Any person or persons or corporation shall be entitled to an injunction in equity against any other person, persons, or corporation who shall endeavor or threaten, by promise of employment outside the Territory of Hawaii, to induce, entice, or persuade servants or laborers to leave their employment as aforesaid or to aid or abet such leaving, whenever it shall appear that the person, persons, or corporation against whom the injunction is sought are without sufficient property liable to execution within the Territory of Hawaii to respond in damages for said inducing, enticing or persuading servants or laborers to leave their employment as aforesaid or for aiding or abetting such leaving as aforesaid or otherwise that the complainant is without a plain, adequate, and complete remedy at law.

SEC. 2674. What actionable.-Inducing, enticing, or persuading by promise of employment outside the Territory of Hawaii, or attempting to so induce, entice, or persuade any servant or laborer who shall have contracted, either orally or in writing, to serve his employer a specific length of time, to leave the service of said employer during such time, without the consent of said employer, or aiding or abetting, or attempting to aid or abet, any such servant or laborer in leaving said service during the term thereof, for the purpose of leaving the Territory of Hawaii, without the consent of said employer, is hereby declared actionable, and damages may be recovered of any person or persons or corporation committing any of the acts aforesaid.

Garnishment of wages

SECTION 2803. Exemption.-[Court may on hearing direct wage debtor not to pay defendant employee more than 75 per cent of wages, balance to be held to satisfy judgment.]

SEC. 2804. Duty of employer.-[If judgment is certified to employer he shall continue to pay plaintiff 25 per cent of defendant's wages until judgment is extinguished or defendant leaves employment.]

SECS. 2818, 2819. Public employment.—[Provisions as to garnishment of salary or wages apply to officers and employees in the service of the Government of Hawaii or of its municipalities.]

Payment of wages-Deductions, offsets, etc.

SECTION 3446 (as amended 1921, No. 133). Deductions.-It shall be unlawful for any person, firm, partnership, or corporation, within this Territory, to deduct and retain any part or portion of any wages due and payable to any inorer or employee, or to collect any store account, offset, or counterclaim without the written consent or [of] such laborer or employee or by action at court as provided by law.

SEC. 3447. Fines, offsets, etc.-No fines, offsets, or counterclaims shall be collected, deducted, or retained out of any wages due and payable to any laborer or employee by any person, firm, partnership, or corporation in this Territory, unless by action in court and judgment therefor first obtained as provided by law.

SEC. 3448. Penalty.-Any person, partnership, firm, or corporation who shall violate any provision of this chapter shall be guilty of a misdemeanor and rpon conviction thereof shall be fined not less than fifty dollars and not more than one hundred dollars.

Interference with employment Conspiracy

SECTION 4076. Definition.-A conspiracy is a malicious or fraudulent combination or mutual undertaking or concerting together of two or more, to comunit any offense or instigate anyone thereto, or charge anyone therewith; or to do what plainly and directly tends to excite or occasion offense, or what is obviously and directly wrongfully injurious to another:

For instance

To prevent another, by indirect and sinister means, from exercising his trade, and to impoverish him:

SEC. 4077. Parties.-Any person knowingly acceding to and joining in a conspiracy after the same is formed is a party thereto no less than the one who originally takes part in forming the same.

SEC. 4078. Act not requisite.-It is not requisite that the act agreed upon should be done or attempted in pursuance of the conspiracy; the conspiracy itself constitutes the offense.

SEC. 4079. Act of each is act of all.-The act of each party to a conspiracy, in pursuance thereof, is the act of all.

Employment of children-Night work of girls

SECTIONS 4197, 4198. Age limit.-[Employment of girls under the age of 16 is forbidden between the hours of 9 p. m. and 6 a. m. in mercantile or manufacturing establishments, canneries, sugar mills, workshops, offices, restaurants, hotels, apartment houses, or as messengers or delivery girls; penalty not less than $50 nor more than $200 fine or imprisonment not over 60 days, or both.]

Inducing workmen to leave employment

SECTION 4201. Penalty.-[Provides penalty for enticing workman under contract by promising employment outside the Territory, fine not to exceed $500 or imprisonment not to exceed six months, or both.]