SEC. 2. 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, with intent and for the purpose of preventing such employee, mechanic, or laborer from engaging in or securing similar or other employment from any 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 in a sum not less than $50 nor more than $250, or imprisoned in the county jail not less than thirty nor more than ninety days, or both, at the discretion of the court.

Employment of labor-False representations, etc.

(Page 193.)

SECTION 1. Any person, firm, company, corporation, or association of any kind employing labor, who shall, either in person, or by or through any agent, manager, or other legal representatives, by any false or deceptive representation or false advertising, concerning the amount or character of the compensation to be paid for any work, or as to the existence or nonexistence of a strike, lockout, or other labor troubles pending between employer or employees: or who shall neglect to state in such advertisement, proposal, or inducement for the employment of workmen that there is a strike, lockout, or unsettled condition of labor, when such strike, lockout, or unsettled condition of labor actually exists, shall induce, influence, persuade, or engage workmen to change from one place to another in this State: or who shall bring workmen of any class or calling into this State to work in any of the departments of labor, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not exceeding $1,000, or confined in the county jail not exceeding one year, or both.

SEC. 2. Any workmen of this State, or any workmen of another State, who has [have] or shall be influenced, induced, or persuaded to engage with any persons mentioned in section 1 (one) of this act, through or by means of any of the things therein prohibited, each of such workmen shall have a right of action for recovery of all damages that each such workman has sustained in consequence of the false or deceptive representations, false advertising, and false pretenses used to induce him to change his place of employment against any person or persons, corporations, companies, or associations, directly or indirectly causing such damages; and, in addition to all actual damages such workmen may have sustained, shall be entitled to recover such reasonable attorney's fees as the court shall fix, to be taxed as costs in any judgment recovered.

PENNSYLVANIA.

BRIGHTLY'S PURDON'S DIGEST-1895.

Labor combinations not unlawful, etc.

(Page 484.)

SECTION 72. It shall be lawful for any laborer or laborers, workingman or workingmen, journeyman or journeymen, acting either as individuals or as the member of any club, society or association, to refuse to work or labor for any person or persons, whenever, in his, her or their opinion, the wages paid are insufficient, or the treatment of such laborer or laborers, workingman or workingmen, journeyman or journeymen, by his, her or their employer is brutal or offensive, or the continued labor by such laborer or laborers, workingman or workingmen, journeyman or journeymen, would be contrary to the rules, regulations or by-laws of any club, society or organization to which he, she or they might belong, without subjecting any person or persons, so refusing to work or labor, to prosecution or indictment for conspiracy under the criminal laws of this Commonwealth: Provided, That this act shall not be held to apply to the member or members of any club, society or organization, the constitution,' by-laws, rules and regulations of which are not in strict conformity to the constitution of the State of Pennsylvania, and to the Constitution of the United States: Provided, That nothing herein contained shall prevent the prosecution and punishment, under existing laws, of any person or persons who shall, in any way, hinder persons who desire to labor for their employers from so doing, or other persons from being employed as laborers.

This statute does not authorize an interference, by members of a labor union, with workmen or apprentices bound by a contract for a specified term and obligated not to join a union. 48 Atl. Rep. 894. SEC. 73. It shall be lawful for employees, acting either as individuals or collectively,

or labor for any person, persons, corporation or corporations, whenever in his, her or their opinion the wages paid are insufficient, or his, her or their treatment is offensive or unjust, or whenever the continued labor or work by him, her or them would be contrary to the constitution, rules, regulations, by-laws, resolution or resolutions of any club, assembly, association, organization or meeting of which he, she or they may be a member or may have attended, and as such individuals or members or as having attended any meeting, it shall be lawful for him, her or them to devise and adopt ways and means to make such rules, regulations, by-laws, resolution or resolutions effective, without subjecting them to indictment for conspiracy at common law or under the criminal laws for this Commonwealth:

Provided, first, That this act shall not be held to apply to the member or members of any club, assembly, association, organization or meeting, the constitution, rules, regulations, by-laws, resolution or resolutions of which are not in conformity with the Constitution of the United States, and to the constitution of the Commonwealth: Provided, second, That nothing herein contained shall prevent the prosecution and punishment, under any law, other than that of conspiracy, of any person or persons who shall, by the use of force, threats or menace of harm to person or property, hinder or attempt to hinder any person or persons who may desire to labor or work for any employer from so doing for such wages and upon such terms and conditions as he, she or they may deem proper:

And provided, third, That nothing herein contained shall prevent the prosecution and punishment of any persons conspiring to commit a felony.

Under these sections a committee of a trade union may notify members to quit work without making themselves liable for conspiracy, unless force, threats or menaces are used to hinder those wishing to work. 15 Phil. Rep. 393.

The maintenance of a boycott by the use of injurious and threatening acts that caused plaintiff's business to fall off greatly is not protected by these sections, but the parties thereto may be enjoined. 5 Co. C. Rep. 163.

Strikes of railroad employees.

(Page 533.)

SECTION 357. If any locomotive engineer, or other railroad employee, upon 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 preconcerted arrangement with any other person to bring about a strike, shall abandon the locomotive engine in his charge, when attached either to a passenger or freight 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 said train to the place of destination as aforesaid, he shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars, and may be imprisoned for a term not exceeding six months, at the discretion of the

court.

SEC. 358. If any locomotive engineer, or other railroad employee, within this State, for the purpose of furthering the object of, or lending aid to any strike or strikes, organized or attempted to be maintained on any other railroad, either within or without this 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, [or] [of] the cars of such other railroad company, received thereirom 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 dollars nor more than five hundred dollars, and may be imprisoned for a term not exceeding six months, at the discretion of the court.

SEC. 359. 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 and performance of his duty as such, every person so offending shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall be fined not less than one hundred nor more than two hundred dollars, and may be imprisoned for a term not exceeding six months, at the discretion of the court.

SEC. 360. If any person or persons, in aid or furtherance of the objects of any strike, shall obstruct any railroad track within this State, or shall injure or destroy the rolling stock or any 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 railroad company or its employees, every such person so offending shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars, and may be imprisoned not less than six months nor more than one year, at the discretion of the court.

946

Labor organizations.

(Page 2017.)

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SECTION 1. It shall be lawful for any and all classes of mechanics, journeymen, tradesmen and laborers to form societies and associations for their mutual aid, benefit and protection, and peaceably to meet, discuss and establish all necessary by-laws, rules and regulations to carry out the same; this act [section] shall not apply to the counties of Clearfield and Centre. Provided, The provisions of SEC. 2. It shall be lawful for any laborer or laborers, workingman or workingmen, journeyman or journeymen, acting either as individuals or as the member of any club, society or association, to refuse to work or labor for any person or persons, whenever, in his, her or their opinion, the wages paid are insufficient, or the treatment of such laborer or laborers, workingman or workingmen, journeyman or journeymen, by his, her or their employer is brutal or offensive, or the continued labor by such laborer or laborers, workingman or workingmen, journeyman or journeymen, would be contrary to the rules, regulations or by-laws of any club, society or organization to which he, she or they might belong, without subjecting any person or persons so refusing to work or labor, to prosecution or indictment for conspiracy, under the criminal laws of this Commonwealth: Provided, That this act shall not be held to apply to the member or members of any club, society or organization, the constitution, by-laws, rules and regulations of which, are not in strict conformity to the constitution of the State of Pennsylvania and to the Constitution of the United States: Provided, That nothing herein contained shall prevent the prosecution and punishment, under existing law, of any person or persons who shall, in any way, hinder persons who desire to labor for their employers from so doing, or other persons from being employed as laborers. SEC. 3. The second proviso in * construed that the use of lawful or peaceful means, having for their object a lawful * [section 2, above] purpose, shall not be regarded as "in any way hindering" persons who desire to labor; shall be so and that the use of force, threat or menace of harm to persons or property, shall alone be regarded as in any way hindering persons who desire to labor for their employers from so doing, or other persons from being employed as laborers.

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SEC. 11. It shall be lawful for employees, acting either as individuals or collectively, or as the members of any club, assembly, association or organization, to refuse to work or labor for any person, persons, corporation or corporations, whenever in his, her or their opinion the wages paid are insufficient, or his, her or their treatment is offensive or unjust, or whenever the continued labor or work by him, her or them would be contrary to the constitution, rules, regulations, by-laws, resolution or resolutions of any club, assembly, association, organization or meeting of which he, she or they may be a member or may have attended, and as such individuals or members or as having attended any meeting it shall be lawful for him, her or them to devise and adopt ways and means to make such rules, regulations, by-laws, resolution or resolutions effective, without subjecting them to indictment for conspiracy at common law or under the criminal laws of this Commonwealth: Provided, first, That this act shall not be held to apply to the member or members of any club, assembly, association, organization or meeting, the constitution, rules, regulations, by-laws, resolution or resolutions of which are not in conformity with the Constitution of the United States and to the constitution of this Commonwealth: Provided, second, That nothing herein contained shall prevent the prosecution and punishment, under any law, other than that of conspiracy, of any person or persons who shall, by the use of force, threats or menace of harm to person or property, hinder or attempt to hinder any person or persons who may desire to labor or work for any employer from so doing for such wages and upon such terms and conditions as he, she or they may deem proper: And provided, further, That nothing herein contained shall prevent the prosecution and punishment of any persons conspiring to commit a felony.

A striker who interferes with his employer by insulting language and threats will be bound over to keep the peace. 11 Co. C. Rep. 481.

A striker using insulting and threatening language toward a nonunion workman will be punished for disorderly conduct. 12 Co. C. Rep. 91.

Employers may combine to resist an advance in wages by refusing to sell to parties who have conceded such advance, and are not liable in damages for so doing or for advising others not to sell to such persons. 33 W. N. C. 421.

RHODE ISLAND.

GENERAL LAWS OF 1896.

CHAPTER 278.--Intimidation of employees.

SECTION 8. Every person who, by himself or in concert with other persons, shall attempt by force, violence, threats or intimidation of any kind to prevent, or who

shall prevent any other person from entering upon and pursuing any employment, upon such terms and conditions as he may think proper, shall be deemed guilty of a misdemeanor and be fined not exceeding one hundred dollars or be imprisoned not exceeding ninety days.

CHAPTER 279.--Interference with employment.

SECTION 45. Every person who shall willfully and maliciously or mischievously injure or destroy the property of another, or obstruct the use of the property of another, or obstruct another in the prosecution of his lawful business or pursuits, in any manner, the punishment whereof is not specially provided for by statute, shall be fined not exceeding twenty dollars or be imprisoned not exceeding three months.

SOUTH DAKOTA.

REVISED CODES OF 1903.

PENAL CODE.

Intimidation of employers and employees.

SECTION 757. 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. 758. 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. 759. In all cases where two or more persons

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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 a 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 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.

TENNESSEE.

ACTS OF 1901.

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to

CHAPTER 104.-Employment of labor-Using deception, unlawful force, etc. SECTION 1. It shall be unlawful for any person, persons, company, corporation, society, association or organization of any kind doing business in this State by himself, themselves, his, its or their agents or attorneys, to induce[,] influence, persuade or engage workmen to change from one place to another in this State, or to bring workmen of any class or calling into this State to work in any of the departments of labor in this State through or by means of false or deceptive representations, false advertising or false pretenses, concerning the kind and character of the work to be done, or amount and character of the compensation to be paid for such work, or the sanitary or other conditions of the employment, or as to the existence or nonexistence of a strike, or other trouble pending between employer and employees, at the time of or prior to such engagement. Failure to state in any advertisement, proposal or contract for the

place of the proposed employment, when in fact such strike, lockout or other labor troubles then actually exist at such place, shall be deemed as false advertisement and misrepresentation for the purposes of this act.

SEC. 2. Any person, persons, company, corporation, society, association or organization of any kind, doing business in this State, as well as his, their or its agents, attorneys, servants, or associates, found guilty of violating section 1 of this act, or any part thereof, shall be fined not less than $500, or confined in the county jail not exceeding one year, or both, where the defendant or defendants is or are a natural person or persons.

SEC. 3. Any person or persons who shall in this or another State, hire, aid, abet or assist in hiring, through agencies or otherwise, persons to guard with arms or deadly weapons of any kind for any such purpose without a permit from the governor of this State, shall be guilty of a felony, and on conviction thereof, shall be imprisoned in the penitentiary not less than one year, nor more than five years: Provided, That nothing contained in this act shall be construed to interfere with the right of any person, persons, or company, corporation, society, association or organization in guarding or protecting their private property or private interests, as is now provided by law; but this act shall be construed only to apply in cases where workmen are brought into this State, or induced to go from one place to another in this State by any false pretenses, false advertising or deceptive representations, or brought into this State under arms, or removed from one place to another in this State under arms.

SEC. 4. Any workman of this State, or any workman of another who has or shall be influenced, induced or persuaded, to engage with any persons mentioned in section 1 of this act, through or by means of any of the things therein prohibited, each of such workmen shall have a right of action for recovery of all damages that each such workman has sustained in consequence of the false or deceptive representations, false advertising and false pretenses used to induce him to change his place of employment, against any person or persons, corporations, companies or associations, directly or indirectly, causing such damages, and in addition to all actual damages such workmen may have sustained, shall be entitled to recover such reasonable attorney's fees as the court shall fix, to be taxed as costs in any judgment recovered.

TEXAS.

REVISED STATUTES OF 1895.

PENAL CODE.

Intimidation of employees.

ARTICLE 299. An "unlawful assembly" is the meeting of three or more persons with the intent to aid each other by violence or in any other manner either to commit an offense or illegally to deprive any person of any right, or to disturb him in the enjoyment thereof.

ART. 309. If the purpose of the unlawful assembly be to prevent any person from pursuing any labor, occupation or employment, or to intimidate any person from following his daily avocation, or to interfere in any manner with the labor or employment of another, the punishment shall be by fine not exceeding five hundred dollars. Strikers who prevented a train from running and being operated were guilty of an offense under this section, as interfering with the labor and employment of the conductor in charge of said train. 23 C. App. 330.

ART. 324. If any person, by engaging in a riot, shall prevent any other person from pursuing any labor, occupation or employment, or intimidate any other person from following his daily avocation, or interfere in any manner with the labor or employment of another, he shall be punished by confinement in the county jail not less than six months nor more than one year.

Intimidation of employees.

ARTICLE 600. Any person who shall, by threatening words, or by acts of violence or intimidation, prevent or attempt to prevent another from engaging or remaining in or from performing the duties of any lawful employment, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five nor more than five hundred dollars, or by confinement not less than one