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CHAPTER 266.-Intimidation, etc., of employers or employecs. SECTION 12. If any person shall interfere in any way whatever to injure or damage another in his person or property, while engaged in his lawful business, trade, or occupation, or while on the way to or from the same, or shall endeavor to prevent any person from engaging in his lawful business, trade, or calling, he shall be fined not exceeding five hundred dollars, or be imprisoned not exceeding one year.
GENERAL STATUTES OF 1895.
Labor combinations not unlauful.
(Page 2344.) SECTION 23. It shall not be unlawful for any two or more persons to unite, combine or bind themselves by oath, covenant, agreement, alliance or otherwise, to persuade, advise or encourage, by peaceable means, any person or persons to enter into any combination for or against leaving or entering into the employment of any person, persons or corporation.
Since this act, it is not unlawful for the members of an association to combine for the purpose of securing control of the work connected with their trade, and to endeavor to effect such purposes by peaceable means.
47 Eq. Rep. 519. The purpose of this act was to legalize strikes. It would seem also to intend a legalization of a combination to induce others to join in a strike, but the methods must be persuasive and not coercive. 46 Atl. Rep. 208.
The statute affects the status of the acts described only as declaring them not to be criminal, but does not take away the right of any individual injured by them to bring suit to recover damages. 52 Atl. Rep. 152.
ACTS OF 1903.
CHAPTER 257.-Strikes of railroad employees.
SECTION 62. If any railroad employee on any railroad within this State engaged in any strike or with a view to incite others to such strike, or in furtherance of any combination or preconcert with any other person to bring about a strike, shall abandon the engine in his charge when attached to a train at any place other than the schedule or otherwise appointed destination of such train, or shall refuse or neglect to continue to discharge his duty, or to proceed with such train to the place of destination aforesaid; or if any railroad employee within this State, for the purpose of furthering the object of or lending aid to any strike organized or attempted to be maintained on any other railroad, either within or without the State, shall refuse or neglect in the course of his employment to aid in the movement over and upon the tracks of the company employing him of the cars of such other railroad company received therefrom in the course of transit, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred nor more than five hundred dollars, and may also be imprisoned for a term not exceeding six months at the discretion of the court.
SEC. 63. If any person in aid or furtherance of the objects of any strike upon any railroad, shall interfere with, molest or obstruct any locomotive engineer or other railroad employee engaged in the discharge or performance of his duty as such, or shall obstruct any railroad track within this State, or shall injure or destroy the rolling stock or other property of any railroad company, or shall take possession of or remove any such property, or shall prevent or attempt to prevent the use thereof by such company or its employees, or shall by offer of recompense induce any employee of any railroad company within this State to leave the service of such company while in transit, every such person offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding five hundred dollars, and
REVISED STATUTES OF 1901.
(Page 522.) A person who with a view to compel another person to do or to abstain from doing an act which such other person has a legal right to do or to abstain from doing, wrongfully and unlawfully:
1. Uses violence or inflicts injury upon such other person or his family, or a member thereof, or upon his property or threatens such violence or injury; or
2. Deprives any such person of any tool, implement or clothing or hinders him in the use thereof; or
3. Uses or attempts the intimidation of such person by threats or force, Is guilty of a misdemeanor.
Workmen may meet and discuss questions affecting their welfare and take such action as seems to them best so long as it does not involve or tend to create a breach of the peace. They may decline to work unless their terms are complied with and may accost others and seek to persuade them to join in such action. But if these rights are enforced in an illegal manner, either alone or in company with others, by the use of threats or violence the offender becomes liable to arrest to prevent a breach of the peace. i City Court Supp. 54. (See also 4 N. Y. Cr. 317, cited below.)
Conspiracy against workingmen.
(Page 655.) SECTION 1. If two or more persons conspire, either
5. To prevent another from exercising a lawiul trade or calling, or doing any other lawful act, by force, threats, intimidation, or hy interfering or threatening to interiere with tools, implements, or property belonging to or used by another, or with the use or employment thereof; or
Each of them is guilty of a misdemeanor. A union provided by its by-laws that a member working for less than the fixed rate of wages should forfeit a sum as penalty, to be recovered by process of law. lleld, in an action to recover such penalty, (a) That the association was not unlawful within the meaning of this section. (b) That such a by-law was not unlawful as made in restraint of trade, (c) That a penalty could properly be attached and an action maintained for its recovery. (d) It is not unlawful for any number of persons to make mutual agreements as to wages, but any association or combination for the purpose of compelling journeymen or employers to conform to any rule or agreement fixing the rate of wages to which they were not parties, by the impositior, of penalties, by agreeing to quit the service of any employer whoemploys journeymen below certain rates, unless the journeyman pays the penalty imposed by the combination, or by menaces, threats, intimidation, violence, or other unlawful means, is an indictable conspiracy. 2 Daly 1.
An indictment charging that certain parties conspired hy force, threats, and intimidation to prevent a certain firm froin exercising its lawful trade and calling; and by threats and threatening notices attempted to intimidate certain employees and to constrain them against their own free will to quit their employment; and that assaults on its employees were committed, the shop beset and breaches of the peace committed in attempts to intimidate persons who desired to trade in the shop and prevent them from doing so, was held to sufficiently charge conspiracy and coercion under the above section and subdivisions 1 and 3 of the law on coercion (see above). Counts charging conspiracy against employer and employees may be properly joined. 4 N. Y. Cr. 317.
Interferen e by outside parties with employment, the terms of which are satisfactory to the emplos. ces and attempts to enforce a boycott on anemployer until he shall accede to the demands of suchoutside parties are acts constituting otienses within this statute and at common law as well. Efforts by combinations of men to coure workinen to join unions or to hinder then from obtaining work on account of not being members, or to interfere with the employers in the control of their lawful business by means of threats of injury or loss, or hy interference with property are illegal. 30 Fed. Rep. 48.
An agreernent between a labor organization and an employers' association not to employ any but members of said organization is, in effect, a threat to keep persons froni working and to procure their discharge. Such a contract, or the rules of a lahor organization are no deiense in a suit for damages from loss of employment by conspiracy. 46 N. E. Rep. 297. SEC. 3.
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.
Peaceable withdrawal from employment for the purpose of improving or maintaining wages is not an offense within the provisions of sections 1 and 3. Section 3 does not authorize a combination of individuals to compel, by means condemned in section 1, workmen to join the organization, or to punish those who may be inimical thereto. 5 N. Y. Cr. 509.
A combination by workmen to drive out and prevent from working in a certain district an objectionable person, is a criminal conspiracy. 6 N. Y. Cr. 292.
An injunction should not be granted against a confederation of persons whose object it is to entice employees from service in the absence of proof of intended violence, intimidation, etc. The remedy is
The fact that a contract between a labor organization and an employers' association had the proper object of avoiding disputes and conflicts does not legalize a plan compelling workmen not members of the union to join it on peril of discharge. 152 N. Y. 33.
An injunction will not lie against a body of workmen combined for the purpose of peaceably and without intimidation persuading their fellow-craftsmen to leave their employment in order to obtain an advance in wages, and they may lawfully pay the expenses of those who leave. 17 N. Y. Supp. 264,
A combination of manufacturers has the right to lock out all operatives connected with an association of employees because of demands which it considers unjust, made by such association upon a member of the combination of manufacturers, and the employees' association has an equal right to endeavor to persuade those who have been accustomed to deal with the manufacturers to discontinue their trade. 77 llun 215.
(Page 1412.) SECTION 1. Extortion is the obtaining of property from another with his consent, induced by a wrongiul use of force or fear, or under color of official right.
SEC. 2. Fear, such as will constitute extortion, may be induced by a threat:
1. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his or to any member of his family;
Obtaining money from an employer under a threat to keep the inembers of a labor union from returning to their employment under him is not extortion under the above sections. 61 Hun 571.
Intimidation does not require overt acts of violence or direct threats by word of mouth. Persons engaged in a boycott may intimidate by their numbers, methods, devices, etc. If these deter customers from trading through a sense of danger if the appeals are ignored, there is intimidation. Obtaining money by threats or by the continuance of a boycott as described constitutes the crime of extortion under the above sections. Those present and abetting when the money is paid or uniting in the acts that lead to the payment or the agreement to pay, though not present when the money is received, are each liable as principals. Whether the money is shared personally or placed in a fund to pay the expenses of the boycott is of no consequence as affecting the crime. 4N. Y. Cr. 403.
Defendant, the head of a labor organization, was properly charged with extortion when evidence showed that he had demanded and received money as the price of abandoning a boycott undertaken to coeree plaintilis into obedience to his cominands as to the number of apprentices they should employ. 137 N. Y. 29.
Breaking contract of service.
(Pag. 2274.) Section 10. A person, who willfully and maliciously, either alone or in combination with others, breaks a contract of service or hiring, knowing, or having reasonable cause to believe, that the probable consequence of his so doing will be to endanger human life, or to cause grievous bodily injury, or to expose valuable property to destruction or serious injury, is guilty of a misdemeanor.
Disorderly conduct on public conveyances—Labor demands.
(Page 2622.) SECTION 8. Any person who shall by any offensive or disorderly act or language, annoy or interfere with any person or persons in any place or with the passengers of any public stage, railroad car, ferryboat, or other public conveyance, or who shall disturb or offend the occupants of such stage, car, boat or conveyance, by any disorderly act, language or display, although such act, conduct or display may not amount to an assault or battery, shall be deemed guilty of a misdemeanor. A person who willfully and wrongfully commits any act which seriously injures the person or property of another, or which seriously disturbs or endangers the public peace or health, or which openly outrages public decency, for which no other punishment is expressly prescribed by this code (penal code), is guilty of a misdemeanor; but nothing in this code contained shall be so construed as to prevent any person from demanding an increase of wages, or from assembling and using all lawful means to induce employers to pay such wages to all persons employed by them, as shall be a just and fair compensation for services rendered,
ARTICLE 1.-Interfering with employment. SECTION 23. Every citizen of this State shall be free to obtain employment wherever possible, and any person, corporation or agent thereof, maliciously interfering or hindering in any way, any citizen from obtaining or enjoying employment already obtained, from any other corporation or person, shall be deemed guiliy of a misde
ARTICLE 17.- Blacklisting. Sec. 212. The exchange of "black lists” between corporations shall be prohibited.
REVISED CODES OF 1899–PENAL CODE.
Conspiracy against workingmen, blacklisting, etc. SECTION 7037. If two or more persons conspire, either 1. To commit a crime; or
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
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.
See. 7012. 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 “black list,” is guilty of a misdemeanor.
Intimidation of employers and employees. SECTION 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.
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 wiihin 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
STATUTES OF 1893.
Intimidation of employees. PARAGRAPH 2544. 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 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.
Par. 2545. 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.
ACTS OF 1897.
CHAPTER 13-ARTICLE 4.-Blacklisting.
SECTION 1. No company, corporation or individual shall blacklist or require a letter of relinquishment, or publish, or cause to be published, or blacklisted, any employee, mechanic or laborer, discharged from or voluntarily leaving the service of such company, corporation or individual, with 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. 2: Any person or persons, company or corporation violating this act shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined in any sum of not less than one hundred dollars, nor more than five hundred dollars, and any person so blacklisted shall have the right of action to recover damages.
ANNOTATED CODES AND STATUTES OF 1902.
Intimidation, etc., of employers and employees. SECTION 1971. If any person shall, by force, threats or intimidation, prevent, or endeavor to prevent, any person employed by another from continuing or performing his work, or from accepting any new work or employment; or if any person shall circulate any false written or printed matter, or be concerned in the circulation of any such matter, to induce others not to buy from or sell to or have dealings with any person, for the purpose or with the intent to prevent such person from employing any person, or to force or compel him to employ or discharge from his employment any one, or to alter his mode of carrying on his business, or to limit or increase the number of his employees or their rate of wages or time of service, such person shall be deemed guilty of a misdemeanor, and on conviction thereof shall be imprisoned in the county jail not more than six nor less than one month, or by fine of not less than ten nor more than two hundred dollars.
The action of the executive committee of a labor union in going to an establishment and directing the members of the union at work there to cease their work under penalty of being dealt with according to
the union, is not, in the absence of acts of intimidation and violence, unlawful under this section. 26 Oreg. 544.
AC'TS OF 1903.
(Page 137.) SECTION 1. 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 intent and for the purpose of preventing such employee, mechanic, or laborer from engaging in or securing similar or