GEORGIA CODE 1933 Department of commerce and labor SECTION 54-110. Duty of commissioner.—* * The department of Indus trial Relations is also charged with the following duties: Par. 3. Emigrant agents.—The commissioner shall exercise jurisdiction over each person, firm or corporation acting as an emigrant agent or agency, hereinafter referred to as emigrant agent; shall require each emigrant agent to make application for license to do business, said application to be indorsed by two taxpayers and accompanied by a bond of $1,000 for the faithful performance of duty, and the payment of such tax as may be required by law. Each emigrant agent shall make a daily report to the commissioner showing the names, addresses, and number of people carried out of the State, the points to which they have been carried, the kind and character of work secured for them, the pay to be received by them, the fee charged them or to be collected, and from whom. The emigrant agent shall show clearly by whom employed, if paid a salary, or from whom he receives a commission, and how much. The commissioner shall inspect the office and work of each emigrant agent as often as may be necessary, and, if any emigrant agent shall be found to be violating the law, it shall be the duty of the commissioner to immediately proceed to have such person presented to the proper authorities for prosecution and to cancel the license to do business. Each emigrant agent must secure annually a license to do business. In contemplation of this section, the emigrant agent is any person who shall solicit or attempt to procure labor in this State to be employed beyond the limits of the same. SEC. 54-9902. Violations.-Any person who shall solicit or procure emigrants, without first procuring a license as required by section 54-110, shall be guilty of a misdemeanor. An emigrant agent is a person who solicits or attempts to procure labor in this State to be employed beyond the limits of the same. emigrant is any person who has been solicited, persuaded, enticed, or employed to leave the State to be employed or worked beyond the limits of the same. Public revenue An SECTION 92-506. Emigrant agents.-Each emigrant agent, and each employee of such agent, doing business in this State, shall pay $1,000 for each county in which such agent or employee may do or offer to do business: Provided, That no emigrant agent or employee shall take or attempt to take from this State any person until after first giving bond to be accepted and approved by the commissioner of commerce and labor, conditioned to pay any valid debt owing by said person to any citizen of this State. HAWAII REVISED LAWS, 1935 CHAPTER 80.-Licenses SECTION 2447. Definition.-Any person who individually or acting through or for another or others, is engaged in soliciting, inducing, procuring or in hiring laborers to go beyond the limits of the Territory, whether under promise of employment or otherwise, shall be deemed an emigrant agent within the meaning of sections 2447-2455. SEC. 2448. License.-No person shall engage in business as an emigrant agent without first obtaining a license from the treasurer of each county or city and county in which such business is entered into or carried on. No such license shall be issued until the applicant therefor shall have complied with the following conditions: 1. He shall file with the treasurer a sworn statement of the person or persons employing him and the place to which it is proposed that laborers shall be sent or taken and of the nature, terms and conditions of the employment or inducements to be given laborers he may recruit. 2. He shall file with the treasurer a bond in the penal sum of $25,000 running to the treasurer and his successors in office conditioned that he will in all respects comply with the provisions of sections 2447-2455 and that he will satisfy any judgments which may be rendered against him in any action either at com mon law or under statute for enticing, inducing or persuading laborers from their employers or for inducing laborers to break their contract of employment. 3. He shall pay an annual license fee of five hundred dollars. Every such license shall be issued subject to all rules, regulations, conditions and restrictions which may be subsequently imposed by law. SEC. 2449. Register.—Every emigrant agent shall, before any laborer recruited by him leaves the Territory, register in the office of the treasurer the name, age, nationality of each laborer recruited by him, the name and address of the last employer of such laborer, and the date and cause of his leaving his employment, together with a statement of the proposed place of employment, if any, the nature, terms and conditions of the employment promised and inducements offered to the laborer, together with the certificate of some person qualified as an interpreter that the statement has been by him read to the laborer in the language of his nationality. A charge of 50 cents shall be made for each name so registered. SEC. 2450. Bond.-Every emigrant agent shall give a bond in the sum of $100 to each laborer recruited by him conditioned for the faithful performance of any contract or promise, made with or given to any laborer so recruited. A duplicate original of each bond shall be filed in the office of the treasurer before the laborer leaves the Territory, together with a receipt of the laborer showing that such bond has been delivered to him. SEC. 2451. Minors.—No emigrant agent shall recruit and take away from the Territory any minor without the written consent of the parents or guardian of the minor, and in case the minor has no parent or guardian, then of the attorney general of the Territory, and the emigrant agent shall file such written consent in the office of the treasurer. SEC. 2452. Enticing laborers.-No emigrant agent shall induce, entice or persuade or attempt to induce, entice or persuade any servant or laborer who shall have contracted, either orally or in writing, to serve his employer for a specific length of time, to leave the service of the employer for the purpose of leaving the Territory during the term of such service, without the consent of the employer, nor shall he aid or abet any such servant or laborer in leaving such service and the Territory during the term thereof, without the consent of the employer. SEC. 2453. Approval of bonds. Any bonds given or required under the provisions of sections 2447-2455 shall be subject to approval both as to form and sufficiency by the treasurer, but no such bond shall be approved unless there shall be at least two sureties upon the same, each of whom shall be a resident and freeholder within such county or city and county and shall justify before the treasurer as worth in real estate situate in such county or city and county the amount of such bond over and above all sums for which such surety is liable. For the purpose of inquiring into the sufficiency of such sureties the treasurer is authorized to administer oaths and to examine under oath persons offering themselves as such sureties. SEC. 2454. Breach of bond.-In case of any breach of condition of any bond given under the provisions of sections 2447-2455, the treasurer may, and upon demand and the receipt of satisfactory assurances for payment of costs, shall enforce such bond either in his own name or in the name of any person as obligee therein by appropriate proceedings in any court of competent jurisdiction for the use and benefit of any person injured by such breach. SEC. 2455. Violations. Any person who shall engage in business as an emigrant agent, without first obtaining a license as in sections 2447-2455 provided, or who shall violate any provision of said sections, shall be guilty of a misdemeanor, and upon conviction shall forfeit his license, if he has one, and shall be punished by a fine not exceeding one thousand dollars or by imprisonment for not more than one year, or by both fine and imprisonment. MISSISSIPPI SUPPLEMENT (1933) TO CODE 1930 PRIVILEGE TAX CODE [This code provides for privilege taxes on various occupations.] SECTION 116 (p. 442). Emigrant agents.-Upon each person engaged in soliciting, hiring and/or contracting with laborers in this State for employment out of the State, for each county in which such business is carried on, $500.00 [Acts of 1934, ch. 118, sec. 129, reenact the above section.] NORTH CAROLINA CODE 1935 SECTION 7880(85).1 Emigrant and employment agents.-(a) Every person, firm, or corporation, either as agent or principal, engaged in soliciting, hiring, and/or contracting with laborers, male or female, in this State for employment out of the State shall apply for and obtain from the commissioner of revenue a state license for each county for the privilege of engaging in such business, and shall pay for such license a tax of five hundred dollars ($500.00) for each county in which such business is carried on. (b) Every person, firm, or corporation who or which engages in the business of securing employment for a person or persons and charging therefor a fee, commission, or other compensation shall apply for and obtain from the commissioner of revenue a state license for the privilege of engaging in such business in this State and shall pay for such license the following annual tax for each location in which such business is carried on: In unincorporated communities and in cities and towns of less than 2,500 In cities or towns of 2,500 and less than 5,000 population.... -$100. 00 200.00 300. 00 500.00 Provided, that this section shall not apply to any employment agency operated by the federal government, the State, any county or municipality, or whose sole business is procuring employees for work in the production and harvesting of farm crops within the State. (c) Any person, firm, or corporation, violating the provisions of this section shall be guilty of a misdemeanor and fined, in addition to other penalties, not less than one thousand dollars ($1,000.00) and/or imprisoned, in the discretion of the court. (d) Counties, cities and towns may levy a license tax on the business taxed under this section not in excess of that levied by the State. PHILIPPINE ISLANDS ACTS OF 1915 ACT No. 2486.-Emigrant agents—Labor commissioners SECTION 1. Who covered.-Every person or entity who, directly or indirectly, shall engage in the Philippine Islands in contracting, enlisting, recruiting, or shipment of laborers, shall pay annually, as a tax, to the Provincial treasurer of each one of the Provinces where laborers are contracted or recruited, and if in Manila, to the collector of internal revenue, the sum of 500 pesos, which fund shall be subject to the conditions expressed in the following sections: Provided, That when such contracting, enlistment, recruiting, or shipment of laborers is made in representation of a corporation or person, said tax shall be paid by the same and not by each one of its agents or employees: Provided, further, That nothing contained in this act shall be interpreted or construed in such manner as to permit any contract or recruiting of individuals of non-Christian tribes for the purpose of exhibiting same in the Philippines or in any other foreign country, which is hereby declared prohibited and unlawful: And provided finally, That nothing contained in this act shall be applied to persons who contract individuals for other personal service or to make up the crew of a vessel. SEC. 2. Return of workmen.-Any company or entity engaged in the industry mentioned in the next preceding section shall be obliged to furnish free passage upon the return to these islands of the laborer or laborers contracted, so soon as the time stipulated in the contract made with him shall have expired in case they shall have complied with the terms and conditions of the contract on their part to be kept and performed, or in case they shall have later become unfit for work on account of physical incapacity. SEC. 3. License.-Any person or entity referred to by this act shall annually provide himself, before engaging in the industry referred to by this law, with a license issued by the Director of the Bureau of Labor and approved by the Secretary of Commerce and Police, in which shall be expressed the name of the Province or names of the Provinces where he is to exercise such industry. For the issuance This section was reenacted by Acts of 1937, eh. 127, sec. 154. of said license the Director of the Bureau of Labor shall collect the sum of 6,000 pesos annually which shall be covered into the insular treasury. SEC. 4. Commissioners.—The Governor General, with the advice and consent of the Commission, shall from time to time appoint a commissioner or commissioners for service outside of the Philippine Islands, whose duty it shall be to receive and hear the complaints made by Filipino laborers, to arrange the differences between the latter and their employers, to see to the compliance of the contracts made with said laborers, and to look after their interests in general, making a report of the condition thereof to the Governor General: Provided, That the compensation, traveling and other expenses of such commissioner or commissioners shall be fixed by the Governor General; but the total expense for this purpose shall not exceed 6,000 pesos in any one year. SEC. 5. Minors.-All of the contracts made with laborers shall be supervised by the Director of Labor, whose duty it shall be to permit no contracting of minors under 15 years, and minors of 18 years without the written consent of their parents or guardians. SEC. 6. Violations. Any violation of this act shall be punished by a fine of not to exceed 2,000 pesos [$1,000] or by imprisonment for not more than two years, or by both fine and imprisonment in the discretion of the court. SOUTH CAROLINA CODE OF 1932 CHAPTER 70.-Trade regulations, etc. SECTION 1377. Emigrant agent's license.—No person shall carry on the business of emigrant agent in this State without having first obtained a license therefor from the State treasurer. The term "emigrant agent," as contemplated in this section, shall be construed to mean any person engaged in hiring laborers or soliciting emigrants in this State to be employed beyond the limits of the same. Any person shall be entitled to a license, which shall be good for one year, upon payment into the State treasury for the use of the State of $500 in each county in which he operates or solicits emigrants for each year so engaged. Any person doing business of an emigrant agent without having first obtained such license shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by fine not less than five hundred dollars, and not more than five thousand dollars, or may be imprisoned in the county jail not less than four months, or confined in the State prison, at hard labor, not exceeding two years for each and every offense, within the discretion of the court. SEC. 1378. Same, etc.; definition of agent. No person shall carry on the business of an emigrant agent in this State without having first obtained a license therefor from the county treasurer of each county in which he solicits emigrants. Any person shall be entitled to a license, which shall be good for one year, upon payment into the county treasury, for the use of said county, two thousand dollars in each county in which he operates or solicits emigrants, for each year so engaged. Any person doing business of an emigrant agent, without having first obtained said license, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by fine, not less than one thousand dollars and not more than five thousand dollars, or may be imprisoned in the county jail or on the public works not less than four months, or confined in the state prison, at hard labor, not exceeding two years for each and every offense, within the discretion of the court. The term "emigrant agent," as contemplated in this section, shall be construed to mean any person engaged in hiring laborers or soliciting emigrants in this State, to be employed beyond the limits of the same. TENNESSEE ACTS OF 1923 CHAPTER 75.-Revenue Act SECTION 4. Privilege tax.—Each vocation, occupation, and business hereinafter named in this Section, is hereby declared to be a privilege, and the rate of taxation on such privilege shall be as hereinafter fixed * * * Each emigrant agent or persons engaged in hiring laborers or soliciting emigrants in this State to be employed or to go beyond the limits of the State, must pay an annual license, each per annum $300. [Code of 1932, sec. 1124, states that privilege taxes declared by legislative enactment are not to be deemed repealed by the enactment of the code.] TEXAS VERNON'S STATUTES, 1936 ART. 5221a-1. (p. 975.) Emigrant agents defined.-Section 1. The term "emigrant agent" as used in this act means every person, firm, corporation or association of persons engaged in the business of hiring, enticing, or soliciting laborers in this State to be employed beyond the limits of this State and is also meant to include every person, firm, partnership, corporation or association of persons maintaining an office to hire, entice, or solicit laborers to be employed beyond the limits of this State; and is also meant to include every person who, as an independent contractor or otherwise than as an agent of a duly licensed emigrant agent procures, or undertakes to procure, or assist in procuring laborers for an emigrant agent; and every emigrant agent shall be termed and held to be doing business as such in each and every county wherein he in person, or through an agent, hires, entices, or solicits any laborer to be employed beyond the limits of the State. SEC. 2. License.-Each emigrant agent shall, before operating in Texas, secure a State license as such, on application therefor to the commissioner of labor statistics of the State of Texas. Such application shall be in writing on form prescribed by said commissioner, and shall be verified by the applicant. Where the application is made by a firm, partnership, or association of persons, it shall state the names of all the members of such firm, partnership, or association of persons, and shall be verified by each of them and where by a corporation, it shall state the names of all officers and duly verified by authorized officer. The application shall state the post-office address, and the residence and citizenship of each applicant named therein. The application shall state where the main office of the applicant is and/or is to be located. It shall also state the counties in which the applicant proposes to do business and the place in each county where such business is to be conducted, provided, the application may be subsequently amended in this respect by supplemental application filed with said commissioner, duly verified, adding counties not named in the original application and stating where such business is to be conducted in each such added county. No person shall engage in the business of any emigrant agent in any county not named in such original or amended application. When an emigrant agent has filed such application, and has paid the occupation taxes as provided by law, and pays to the labor commissioner of Texas an annual license fee of $10 the said commissioner shall issue to him a State license as an emigrant agent, which shall entitle him to do business as such in any county named in said license in which said county tax has been paid. Such emigrant agent shall file with the tax collector of any county in which he proposes to do business a certified copy of his license. SEC. 3.2 Same, failing to secure. Any person, firm, association of persons or corporation who shall engage in the business of an emigrant agent in any county in this State without having first filed with the commissioner of labor statistics of the State of Texas, an application for license as emigrant agent as above provided, and/or without having first paid all State and county occupation taxes and annual license fee as provided by law or without having first secured a State license as above provided, or without having first filed certified copy of his State license with the tax collector of such county as above provided, and/or who does not file monthly reports as provided by this act, and/or who shall engage in the business of an emigrant agent in any county in this State without first having designated such county as one of the counties in which he proposes to do such business in his original or amended application to the commissioner of labor statistics of Texas, shall be guilty of a misdemeanor, and upon conviction shall be punished by fine not exceeding $500 or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment. SEC. 4. [Sec. 4 was declared unconstitutional in the case of Hanley v. Moody et al., 39 Fed. (2d) 198.] SEC. 5. Inspection of books. All the books, correspondence, memoranda, papers, and records of every kind and character incident to the business of an emigrant agent of each emigrant agent licensed under this act shall be subject to inspection at any time by the said commissioner of labor statistics, his deputies, or inspectors and a failure to permit said commissioner, his deputies or inspectors to inspect such books, correspondence, memoranda, papers, and records at any time shall be sufficient grounds for the commissioner to cancel the license of such agents and he shall have authority and it shall be his duty to do so. 'Sec. 3, being a penal provision, is published as art. 1137d on p. 1773. |