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Intimidation of railroad employees.
ARTICLE 806. Any person or persons who shall, by force, threats, or intimidation of any kind whatever, against any railroad engineer or engineers, or any conductor, brakeman, or other officer or employee employed or engaged in running any passenger train, freight train, or construction train, running upon any railroad in this State, prevent the moving or running of said passenger, freight or construction train, shall be deemed guilty of an offense, and upon conviction thereof each and every person so offending shall be fined in a sum not less than one hundred dollars nor more than five hundred dollars, and also imprisoned in the county jail for any period of time not less than three months nor more than twelve months.
ART. 807. Each day said train or trains mentioned in the preceding article are prevented from moving on their road, as specified in the preceding article, shall be deemed a separate offense, and shall be punished as prescribed in the preceding article.
ACTS OF 1899.
CHAPTER 153.-Labor combinations not unlawful. SECTION 1. From and after the passage of this act it shall be lawful for any and all persons engaged in any kind of work or labor, manual or mental, or both, to associate themselves together and form trades unions and other organizations for the purpose of protecting themselves in their personal work, personal labor, and personal service, in their respective pursuits and employments.
SEC. 2. And it shall not be held unlawful for any member or members of such trades unions or other organization or association, or any other person, to induce or attempt to induce by peaceable and lawful means, any person to accept any particular employment, or quit or relinquish any particular employment in which such person may then be engaged, or to enter any pursuit, or refuse to enter any pursuit, or quit or relinquish any pursuit in which such person may then be engaged: Provided, That such member or members shall not have the right to invade or trespass upon the premises of another without the consent of the owner thereof.
Sec. 3. But the foregoing sections shall not be held to apply to any combination or combinations, association or associations of capital, or capital and persons, natural or artificial, formed for the purpose of limiting the production or consumption of labor's products, or for any other purpose in restraint of trade: Provided, That nothing herein contained shall be held to interiere with the terms and conditions of private contract with regard to the time of service, or other stipulations between employers and employees: Provided further, That nothing herein contained shall be construed to repeal, affect or diminish the force and effect of any statute now existing on the subject of trusts, conspiracies against trade, pools and inonopolies.
Sec. 4. Whereas, it is essential and desirable that this bill should go into effect at the earliest practicable moment, therefore an emergency and an imperative public necessity exists, requiring the suspension of the constitutional rule requiring bills to be read on three several days, and said rule is so suspended, and this act shall take effect and be in force from and after its passage, and it is so enacted.
ACTS OF 1901.
CHAPTER 99.—Black:listing. SECTION 1. No corporations,] company, or individual shall blacklist or publish, or caused [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. 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 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 procuring employment, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty nor more than two hundred and fifty dollars, or be imprisoned Sec. 3. But this act thall not be construed as prohibiting any corporation, company or individual, from giving in writing, on application from such discharged employee, or any corporation, company or individual who may desire to employ such discharged employee, a truthful statement of the reason for such discharge: Provided, That said written cause of discharge, when so made by such person, agent, company or corporation, shall never be used as the cause for an action for libel, either civil or criminal, against the person, agent (,) company or corporation so furnishing
SEC. 4. He is guilty of blacklisting who places, or causes to be placed, the name of any discharged employee, or any employee who has voluntarily left the service of any individual, firm, company, or corporation on any book or list, or publishes it in any newspaper, periodical letter or circular, with the intent to prevent said employee from securing employment of any kind with any other person, firm, corporation or company, either in a public or private capacity.
ACTS OF 1903.
CHAPTER 91.-Conspiracy--Boycotting. SECTION 3. Either or any of the following acts shall constitute a conspiracy in restraint of trade:
1. Where any two or more persons, firms, corporations, or associations of persons who are engaged in buying or selling any article of merchandise, produce or any commodity, enter into an agreement or understanding to refuse to buy from or sell to any other person, firm, corporation, or association of persons any article of merchandise, produce or commodity.
2. Where any. two or more persons, firms, corporations or associations of persons shall agree to boycott or threaten to refuse to buy from or sell to any person, firm, corporation or association of persons for buying from or selling to any other person, firm, corporation or association of persons. SEC. 4. Any and all trusts
and conspiracies in restraint of trade as herein defined, are hereby prohibited and declared to be illegal.
Sec. 11. Each and every firm, person, corporation or association of persons who shall in any manner violate any of the provisions of this act shall for each and every day that such violation shall be committed or continued, forfeit and pay the sum of fifty dollars, which may be recovered in the name of the State of Texas in any county where the offense is committed or where either of the offenders reside, or in Travis County, and it shall be the duty of the attorney-general, or the district or county. attorney under the direction of the attorney-general, to prosecute for the recovery of the same, and the fees of the prosecuting attorney for representing the State in proceedings under this act shall be over and above the fees allowed him under the general fee bill.
Sec. 12. Any contract or agreement in violation of the provisions of this act shall be absolutely void and not enforcible either in Waw or equity.
Sec. 13. And in addition to the penalties and forfeitures herein provided for, every person violating this act may further be punished by imprisonment in the penitentiary not less than one nor more than ten years.
ARTICLE XII.-Interference with employment. SECTION 19. Every person in this State shall be free to obtain employment whenever possible, and any person, corporation, or agent, servant or employee thereof, maliciously interfering or hindering in any way, any person from obtaining or enjoying employment already obtained, from any other corporation or person, shall be deemed guilty of a crime. The legislature shall provide by law for the enforcement of this section.
ARTICLE XVI.-Blacklisting. SECTION 4. The exchange of black lists by railroad companies or other corporations,
REVISED STATUTES OF 1898.
Blacklisting. Section 1340. No company, corporation, nor individual shall blacklist, or publish, or cause to be published or blacklisted, any employee, mechanic, or laborer, discharged 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, 1341. If any person or any officer or agent of any company, corporation, or individual, shall blacklist, or publish, or cause to be 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 othera wise, to prevent such discharged employee from securing employment, he shall be deemed guilty of a felony and, upon conviction, shall be fined not less than five hundred dollars, nor more than one thousand dollars, and be imprisoned in the State prison not less than sixty days nor more than one year.
ACTS OF 1905.
CHAPTER 16.-Interference with employment -- Intimidation. SECTION 1. Any person or persons in this state who shall threaten to destroy property or to do bodily harm, for the purpose of preventing any person or persons from entering or remaining in the employ of any company, corporation or individual, shall be guilty of a misdemeanor.
STATUTES OF 1894.
CHAPTER 220.-Intimidation of employees. Section 5041. A person who threatens violence or injury to another person with intent to prevent his employment in a mill, manufactory, shop, quarry, mine, railroad or other occupation, shall be imprisoned not more than three months, or fined not more than one hundred dollars.
Sec. 5042. A person who, by threats, intimidation or by force, alone or in combination with others, affrights, drives away or prevents another person from accepting, undertaking or prosecuting such employment, with intent to prevent the prosecution of work in such mill, shop, manufactory, mine, quarry, railroad or other occupation, shall be imprisoned in the State prison not more than five years, or fined not more than five hundred dollars.
A count charged conspiracy to hinder and prevent by violence, threats, and intimidation the employment and retention by a company of certain employees; also conspiracy to terrify and drive away workmen by threats, with malicious intent to injure said company; also threats to publish the names of employees in the "scab" list of a trade journal, thus putting them in fear and driving them away. Held, that these counts sufliciently charged an offense under the above sections. 59 Vt. 273.
CODE OF 1904.
Blacklisting. SECTION 3657c. No corporation, manufacturer, or manufacturing company doing business in this State, or any agent or attorney of such corporation, manufacturer or manufacturing company, after having discharged any employee from the service of such corporation, manufacturer, or manufacturing company, shall willfully and maliciously prevent or attempt to prevent, by word or writing, directly or indirectly, such discharged employee from obtaining employment with any other person or corporation. For any violation of this section the offender shall be guilty of a misdemeanor, and shall, on conviction thereof, be fined not less than one hundred nor more than five hundred dollars. But this section shall not be construed as prohibiting any corporation, manufacturer, or manufacturing company from giving in writing, on application from any other person or corporation, a truthful statement of the reason for
ACTS OF 1899.
CHAPTER 23.-- Blacklisting. SECTION 1. Every person in this State who shall willfully and maliciously, send or deliver, or make or cause to be made, for the purpose of being delivered or sent or part with the possession of any paper, letter or writing, with or without name signed thereto, or signed with a fictitious name, or with any letter, mark or other designation, or publish or cause to be published any statement for the purpose of preventing any other person from obtaining employment in this State or elsewhere, and every person who shall willfully or maliciously “blacklist” or cause to be "blacklisted” any person or persons, by writing, printing or publishing, or causing the same to be done, the name, or mark, or designation representing the name of any person in any paper, pamphlet, circular or book, together with any statement concerning persons so named, or publish or cause to be published that any person is a member of any secret organization, for the purpose of preventing such person from securing employment, or who shall willfully and maliciously make or issue any statement or paper that will tend to influence or prejudice the mind of any employer against the person of such person seeking employment, or any person who shall do any of the things mentioned in this section for the purpose of causing the discharge of any person employed by any railroad or other company, corporation, individual or individuals, shali, on conviction thereof, be adjudged guilty of misdemeanor and punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ninety days nor more than one year, or by both such fine and imprisonment.
CODE OF 1899.
APPENDIX-PAGE 1047.-Intimidation of mine workers, etc. SECTION 14.
Nor shall any person or persons or combination of persons by force, threats, menace or intimidation of any kind, prevent or attempt to prevent from working in or about any mine, any person or persons who have the lawsul right to work in or about the same, and who desire so to work; but this provision shall not be so construed as to prevent any two or more persons from associating themselves together under the name of Knights of Labor, or any other name they may desire, for any lawful purpose, or from using moral suasion or lawful argument, to induce any one not to work on and about any mine.
ANNOTATED STATUTES OF 1898.
Injuring trade, intimidation, etc. SECTION 4466a. Any two or more persons who shall combine, associate, agree, mutually undertake or concert together for the purpose of willfully or maliciously injuring another in his reputation, trade, business or profession by any means whatever, or for the purpose of maliciously compelling another to do or perform any act against his will, or preventing or hindering another from doing or performing any lawful act shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding five hundred dollars.
Sec. 4466b. Any two or more persons, whether members of a partnership or company of stockholders in a corporation, who are employers of labor, who shall combine or agree to combine for the purpose of preventing any person seeking employment from obtaining the same, or for the purpose of procuring or causing the discharge of any employee by threats, promises circulating black lists or causing the same to be circulated, or who shall, after having discharged any employee, prevent or attempt to prevent such employee from obtaining employment with any other person, partnership, company or corporation by the means aforesaid, or shall authorize, permit or allow any of his or their agents to blacklist any discharged employee or any employee who has voluntarily left the service of his employer, or circulate a black list
or who shall coerce or compel any person to enter into an agreement not to unite with or become a member of any labor organization as a condition of his securing employment or continuing therein, shall be punished by a fine of not more than five hundred dollars nor less than one hundred dollars, which fine shall be paid into the State treasury for the benefit of the school fund. Nothing in this section shall prohibit any employer of labor from giving any other such employer, to whom a discharged employee has applied for employment, or to any bondsman or surety, a truthful statement of the reasons for such discharge, when requested so to do by such employee, the person to whom he has applied for employment, or any bondsman or surety; but it shall be a violation of this section to give such information with the intent to blacklist, hinder or prevent such employee from obtaining employment; neither shall anything herein contained prohibit any employer of labor from keeping for his own information and protection a record showing the habits, character and competency of his employees and the cause of the discharge or voluntary quitting of any of them.
ŠEC. 4466c. Any person who by threats, intimidation, force or coercion of any kind shall hinder or prevent any other person from engaging in or continuing in any lawful work or employment. either for himself or as a wageworker, or who shall attempt to so hinder or prevent shall be punished by fine not exceeding one hundred dollars or by imprisonment in the county jail not more than six months, or by both fine and imprisonment in the discretion of the court.
These sections are declaratory of the common law, and wholly condemn all conspiracies to injure or oppress, or to interfere with the rights of others. Their eficiency is in no degree impaired by any statutory recognition of the right of organization for the purpose of promoting the welfare of labor. 60 Fed.
For the business agent of a labor organization to say to nonunion men employed on a building “You can not build this building. I will fight it is it takes all summer, and if your city will not protect us we will get the militia," constitutes an offense under this section. 76 N. W. Rep. 594.
Employing bodies of armed men. SECTION 4575b. Any person who, for himself or as agent or officer of any firm, joint stock company or corporation, shall use or employ or aid or assist in employing any body of armed men to act as militiamen, policemen or peace officers for the protection of persons or property or for the suppression of strikes, whether such armed men be employees of detective agencies, so called, or otherwise, they not being authorized by the laws of this state to act in such capacity, shall be punished by fine not exceeding one thousand dollars or by imprisonment in the State prison not less than one year nor more than three years, or by both such fine and imprisonment.
COMPILED STATUTES OF 1901.
Obstructing the mail. SECTION 3995. Any person who shall knowingly or willfully obstruct or retard the passage of the mail, or any carriage, horse, driver, or carrier carrying the same, shall, for every such offense, be punishable by a fine of not more than one hundred dollars.
This section applies only to acts performed with the intention of obstructing, and not to acts in themselves lawful from which delay unavoidably follows. 7 Wall. 182.
This section applies to the unlawful stopping of a railway mail train, although those guilty are willing to permit the movement of the mail car detached from the passenger cars of the train. 13 Phil. Rep. 476.
Also to the stopping of a train by discharged railway laborers although their primary intention may not be to obstruct the mail but to obtain a return passage. 19 Fed. Rep. 42.
Where the transportation of mails and interstate commerce has long been interrupted by the refusal of the employees of the railway company to move trains carrying certain cars, it is the duty of the company to use every effort to move the mails and interstate commerce, without regard to the make-up of regular trains; and any failure to perform this duty is a violation of this statute. 62 Fed. Rep. 850.
If a mail train which carries a Pullman car as a part of its regular make-up is delayed because it carries such car, it is no defense that the parties so delaying it were willing that the mail should proceed if the Pullman car were left behind. It is not necessary that defendants should be shown to have had knowledge that the mails were on board a train which ihey have detained and disabled. They are chargeable with an intent to do whatever is the reasonable and natural consequence of their acts. 07 Fed. Rep. 698.
(Page 3200.) SECTION 1. Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign