LAWS RELATING TO STRIKES, BOYCOTTS, ETC.

The statutes of this country which bear upon the subject of this report may be divided into two classes, (1) those designed to directly affect and regulate strikes and lockouts and the conditions growing out of them, and (2) those which were not enacted with this end in view, but which, in cases arising out of strikes or lockouts, have been construed by the courts as applicable thereto and controlling therein. Among those coming within the second class may be mentioned many of the conspiracy laws which practically enacted the principles of the common law upon this subject and contain no special provisions directly relating to the subject of this report; laws relating to unlawful assemblies, mobs, and riots; laws defining and penalizing offenses against railroads and railroad property, which were primarily directed against train wrecking and robbery, stealing of railroad property by tramps and others, malicious mischief, etc., and the United States statutes commonly known as the antitrust and interstate-commerce laws; the statute directed against obstruction of the mails, and the statute providing for the suppression of domestic violence, unlawful combinations, conspiracies, etc.

Generally speaking, the laws of this class have not been included in those published below owing to their multiplicity and length and also to the indefinite relation of many of them to the subject-matter hereof. The conspiracy laws are, however, all set forth below, even when they contain no direct references to strikes or lockouts, as they have been frequently held to control in cases arising therefrom. The Texas law on unlawful assembly and riot, which contains a direct reference to the prevention of employees from working, is also shown. The United States statutes above referred to, in so far as they have been held applicable by the courts, are also published below owing to the importance and magnitude of many of the cases in which they have been applied and the widespread attention which the hearings and decisions therein attracted.

The laws which properly belong in the first class above noted are all published below, with the exception of the acts providing means for the arbitration of labor disputes, all of which were enacted with the intent to provide a way of preventing threatened strikes or lockouts. or of settling the same after their occurrence. Owing to the voluminous nature of these laws they have been omitted here, but owing to their importance some of their prominent features are noted. The following is a list of the States having arbitration laws, together with citations thereto:

California (chap. 51, acts of 1891); Colorado (sec. 307, Ann. Stats. of 1891, and chap. 2, acts of 1897); Connecticut (chap. 239, acts of 1895);

Idaho (p. 319, acts of 1899); Illinois (p. 5, acts of extra session of 1895, as amended by act on p. 75, acts of 1899); Indiana (chap. 128, acts of 1899); Iowa (chap. 20, acts of 1886); Kansas (chap. 28, acts of 1898-99); Louisiana (act No. 139, acts of 1894); Massachusetts (chap. 283, acts of 1886, as amended by chap. 269, acts of 1887, chap. 261, acts of 1888, and chap. 385, acts of 1890); Michigan (act No. 238, acts of 1889); Minnesota (chap. 170, acts of 1895); Missouri (secs. 6354 to 6358, Rev. Stats. of 1889); Montana (secs. 3330 to 3338, Codes and Stats. of 1895); New Jersey (chap. 137, acts of 1892); New York (art. 10 of chap. 415, acts of 1897); Ohio (p. 83, acts of 1893); Pennsylvania (pp. 132, 133, and 290, Digest of 1895); Texas (chap. 61, acts of 1895); Utah (chap. 62, acts of 1896); Wisconsin (chap. 364, acts of 1895); Wyoming (Const., sec. 1 of art. 19), and United States (chap. 370, acts of Congress of 1897-98).

The majority of these statutes provide for the formation of a permanent State board of arbitration before which, by mutual consent, disputes and controversies between employers and employees may be arbitrated. The States whose statutes so provide are as follows: California, Colorado, Connecticut, Idaho, Illinois, Indiana, Louisiana, Massachusetts, Michigan, Minnesota, Montana, New Jersey, New York, Ohio, Utah, and Wisconsin.

In addition to the provision for a State board, contained in the statutes of the above-named States, provision is made for the formation of local boards in the case of the following States: Colorado, Idaho, Minnesota, Montana, New Jersey, New York, Ohio, and Wi-consin. The statutes of Iowa, Maryland, Missouri, Pennsylvania, and Texas do not provide for a permanent board of any kind, but for the appointment of temporary "boards," or "tribunals of arbitration," and courts of conciliation," whenever the occasion for such an institution arises. One of the Pennsylvania statutes is peculiar in that it provides for the formation of a board of arbitration upon the application not only of both the parties to the controversy, but also upon the application of one of them alone. It will be seen that the arbitration under this statute is not necessarily voluntary, but may be forced upon one party at the request of the other, the decision of the board being, under this law, "final and conclusive of all matters brought before it for judgment." The statute of Missouri, above referred to, provides that the commissioner of labor, upon being reliably informed that a strike or lockout is about to take place, shall visit the locality of the dispute and seek to mediate, and, upon the failure of his effort in this direction, shall appoint a board of arbitration, who shall have power to summon and examine witnesses, etc., and to render a decision upon the matter in dispute. This decision, however, has no binding effect upon the parties but its "only effect" is, under the law, "to give the facts leading to such dispute to the public through an unbiased chan

nel." The State of Colorado also has an act providing for an attempt at mediation to be made by the commissioner of labor, though no provision is made for the appointment of a board by him, and its act providing for a permanent State board provides that said board shall always attempt to mediate when it obtains knowledge of a threatened strike or lockout. In this latter provision the statutes of Connecticut, Idaho, Illinois, Indiana, Louisiana, Massachusetts, Michigan, Minnesota, Montana, New Jersey, New York, Ohio, Utah, and Wisconsin coincide.

The statute of the State of Kansas provides for a "court of visitation," which, among other powers, has that of supervision of railroads, and to hear and decide upon its own volition all matters in dispute. between an employing railroad corporation and its employees in case of a strike.

The United States statute applies only to common carriers engaged in interstate commerce, and provides for an attempt to be made at mediation by two designated Government officials in case of any controversy between such a common carrier and its employees, and for the formation of a board of arbitration, consisting of the same officials, together with certain other parties to be selected, in case the attempt at mediation fails. This board, however, is to be formed only at the request or upon the censent of both parties to the controversy. The statutes of the first class, as above described, with the exception of the arbitration acts, appear below.

ALABAMA.

CODE OF 1896, VOL. II-CRIMINAL.

CHAPTER 192.-Intimidation of employees, etc.

SECTION 5511. Any person, who, by force or threats of violence to person or property, prevents, or seeks to prevent another from doing work or furnishing materials, or from contracting to do work or furnish matérials, for or to any person engaged in any lawful business, or who disturbs, interferes with, or prevents or in any manner attempts to prevent the peaceable exercise of any lawful industry, business, or calling by any other person, must, on conviction, be fined not less than ten, nor more than five hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than twelve months. [Original act approved February 17, 1885.]

5. To commit any act injurious to the public health, to public morals, or for the perversion or obstruction of justice, or due administration of the laws; they are punishable by imprisonment in the territorial prison not exceeding one year, or by fine not exceeding one thousand dollars. No conspiracies other than those enumerated in this section are punishable criminally.

[Original act approved November 10, 1864.]

ARKANSAS.

DIGEST OF 1894.

CHAPTER 48.—Peace officers-Citizens only eligible-Importation of bodies of men prohibited.

SECTION 1829. The governor, the sheriff of any county, United States marshal, mayor of any city or incorporated town or other person authorized by law to appoint special deputy sheriffs, special constables, special marshals, special policemen or any other peace officer in this State, to preserve the public peace and to prevent or quell public disturbances or domestic violence, shall not hereafter appoint as such special deputies sheriff, special constables, marshals, policemen, or other peace officer any person who is not a citizen of the State of Arkansas and a resident of the county in which a disturbance may occur. Provided, Any such officer at any time whenever he shall deem it necessary may, for the time being and in the manner now provided by law, call upon any and all persons who may be present or may be necessary to aid such officer in the immediate arrest of any person or in the suppression of any riot or other public disturbance.

SEC. 1830. No person shall assume or exercise or attempt to exercise any of the functions, powers, duties or privileges incident or belonging to the position of office of special deputy sheriff, special constable, special deputy marshal and policeman or other peace officer without having been duly and legally appointed as such or has been summoned by some peace officer as provided by law.

SEC. 1831. If any person or persons shall, within this State, unlawfully exercise or attempt to exercise the functions of, or hold himself or themselves out to any one as a deputy sheriff, special or deputy constable, special or deputy marshal, policeman or other peace officer or as any person acting as an officer of the law, or as the authorized or unauthorized agent or representative of another, or of any association, corporation or company, or who shall bring into the State or cause to be brought, or aid in bringing into the State any armed or unarmed police force or detective agency or force, or armed or unarmed body of men for the suppression or pretended suppression of domestic violence or disturbance, such person or persons shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the penitentiary for a period of not less than two years nor more than five years. Provided, The legislature when in session or the governor when the legislature is not in session may call upon the lawfully constituted authorities of the United States for protection against invasion and domestic violence as provided in section four, article four of the Constitution of the United States.

SEC. 1832. Any person, officer, company, association or organization who shall knowingly bring or cause to be brought or aid in bringing into this State any armed or unarmed police, or detective force or other armed or unarmed body of men for the suppression or pretended suppression of any domestic violence, riot or disturbance except called upon by the lawful authority of this State as provided in section 1831, shall be liable in a civil action to any person or their legal representatives for any injury, for any and all damages to such person or to the property of any such individual through the action of or as the result of the coming or bringing into the State of such individuals or body of men or of any of them, whether acting together or separately, in carrying out, or attempting to carry out, the purpose or purposes for which they came or were brought into the State.

SEC. 1833. This act shall not be construed so as to prohibit the employment by the proper authorities or by any person or persons of individual detectives to aid in the detection of crime or the arrest of criminals.

[Original act approved April 9, 1891.]

5. To commit any act injurious to the public health, to public morals, or for the perversion or obstruction of justice, or due administration of the laws;

1

They are punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or both.

SEC. 183. No conspiracies, other than those enumerated in the preceding section, are punishable criminally.

SEC. 184. No agreement, except to commit a felony upon the person of another, or to commit arson, or burglary, amounts to a conspiracy, unless some act, besides such agreement, be done to effect the object thereof, by one or more of the parties to such agreement.

[Original act approved February 14, 1872.]

COLORADO.

ANNOTATED STATUTES OF 1891.

CHAPTER 15.-Blacklisting.

SECTION 239. No corporation, company or individual shall blacklist or publish, or cause to be blacklisted or published, any employee, mechanic or laborer, discharged by such corporation, company or individual, with the intent and for the purpose of preventing such employee, mechanic or laborer from engaging in or securing similar or other employment from any other corporation, company or individual.

SEC. 240. If any officer, or agent of any corporation, company or individual, or other person, shall blacklist, or publish, or cause to be blacklisted or published, any employee, mechanic, or laborer, discharged by such corporation, company or individual, with the intent and for the purpose of preventing such employee, mechanic or laborer from engaging in or securing similar or other employment, from any other corporation, company or individual, or shall in any manner conspire or contrive by correspondence, or otherwise, to prevent such discharged employee from securing employment, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty (50) nor more than two hundred and fifty (250) dollars, or be imprisoned in the county jail not less than thirty, nor more than ninety days, or both.

[Original act approved April 2, 1887.]

CHAPTER 36.--Conspiracy.

SEC. 1294. If any two or more persons shall conspire or agree falsely and maliciously to charge or indict, or cause or procure to be charged or indicted, any person for any criminal offense, or shall agree, conspire or cooperate to do, or to aid in doing any other unlawful act, each of the persons so offending shall on conviction be fined in any sum not exceeding one thousand dollars, and be imprisoned not less than three months nor exceeding two years.

[Original act passed in 1861.]

SEC. 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 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 employees, 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 employ ment as he may see fit, or to boycott or intimidate any employer of labor. . [Original act approved April 19, 1889.]

ACTS OF 1897.

CHAPTER 31.-Blacklisting and boycotting

SECTION 1. Any railroad or telegraph company, or any officer, agent or employee of any railroad or telegraph company, or any other company, corporation or individual doing business within the State of Colorado, shall not issue, circulate, or publish, or cause to [be] issued, circulated or published, any black list, circular, or

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