GARNISHMENT PROPERTY SUBJECT TO - PAYMENTS BY GARNISHEE—Hall v. Armour Packing Co., 29 Southeastern Reporter, page 139. This was a garnishment proceeding brought in the superior court of Bibb County, Ga., by C. H. Hall against the above-named company. Judgment was rendered for the company, and the plaintiff, Hall, carried the case on writ of error to the supreme court of the State, which rendered its decision July 28, 1897, and affirmed the judgment of the lower court.

Neither the facts in the case nor the opinion of the supreme court are given, but the syllabus of the opinion was prepared by the court, and the following is quoted therefrom:

A garnishment served upon an employer is not effectual to reach the salary of an employee if the former was not indebted to the latter at the time the garnishment was served, and did not become indebted to him previous to the time of making answer; and this is true although the employer, even after service, paid the employee his salary in advance, for the purpose of preventing the same from being reached by the garnishment.

UNION LABOR ONLY TO BE EMPLOYED ON PUBLIC WORKS— RIGHT OF CITY AUTHORITIES TO MAKE SUCH PROVISION IN CONTRACTS-Building Trades Council v. Board of Education of City of Chicago, Vol. XXX, No. 30, Chicago Legal News, page 249.-This case was submitted in the circuit court of Cook County, Ill., under an act approved June 17, 1887, page 158, acts of 1887 (sec. 100 of chap. 110, Revised Statutes of 1891), providing for the oral submission of certain controversies to the court without formal pleadings. The decision was rendered March 12, 1898, and the submission dismissed on the ground that there was no such legal controversy in the case as was coutemplated by said act.

The opinion was delivered by Judge Tuley, and reads in part as follows:

The questions submitted are: Whether the board of education of the city of Chicago has "the right to insert in all contracts and speci fications connected therewith the provision that none but union labor shall be employed in any part of the work where said work is classified under any existing union;"" and second, Whether said board of education has the right to enforce a rule whereby "none but union workmen shall be employed and placed upon the pay roll of the board."

There would be no question raised if the contracts or pay rolls in question were those of a private individual as to his right to provide for the employment of union labor only. A private individual has the undoubted right to put any such provision in any contract that he may make, or he may put in a provision that no union labor shall be employed in carrying on the contract. He may insert either provision that he wishes, at a loss to himself, or from mere sentiment or caprice. The law recognizes the right of an individual to do what he will with his own in that regard. There can be no doubt but that under certain

circumstances the board of education might insert in its contracts a provision for the employment of none but union labor, or provision that no union labor should be employed; but, being public officials, charged with the duties of a public trust, the members of the board could not act, knowingly, at a loss to the public funds, or from mere sentiment or caprice, or from any motive other than to subserve the public interests and to faithfully discharge the public trust confided to them.

If the board should find that the skilled labor of the country was practically organized into "unions," whose members refused to work with nonunionists; that unless a clause requiring all work to be done. by "union" labor be inserted there will probably be "strikes" upon the work, causing delay, loss, and trouble incident to strikes; and if it should find that by reason of the situation confronting the board it would be wise and prudent to insert such provision; or, in other words, if the board should, in the discharge of their public trust, be honestly of the opinion after due investigation that the public interests, both as. to economy in the construction of the work and the character of the work done, would be best subserved by the insertion of the union labor clause in the contracts, it would clearly have the right, and it would be its duty to insert such a provision.

There can, in my opinion, be no doubt of the legality of the unionlabor clause, nor as to the rule as to placing none but unionists upon the pay roll if the board should be of the opinion that the public interests would be best promoted thereby. The propriety of so doing, or the justification of so doing, is a question solely for the board to decide. They must decide as to the proper performance of their duties and the proper discharge of the trust imposed upon them.

It is urged, however, that the board of education being a public agency, and the work in question being work which is for the benefit of the public, that it is against public policy that the board of education should discriminate as between "union" and "nonunion" labor. Be that as it may, it is not for the board of education to decide itself, or to be guided by what it believes to be the best public policy. It is for the State legislature to determine questions of public policy. The board of education has no legislative duties to perform in connection with the carrying on of its public works, and in the absence of limitations or restrictions imposed by the State legislature, it must perform its duties and discharge its trust with a view solely to the best interests of the public, having regard to economy in the construction of the work contracted for and the quality of work to be done.

In my opinion, however, there is no such legal "controversy" between the parties to this submission (the board of education and the Building Trades' Council) such as is contemplated by the act under which this submission is made. Certainly no mandamus would lie against the board of education to make it insert in its contract a "union-labor" or a "nonunion-labor" clause, and there is no agreement between the board and the Building Trades' Council which the latter could file a bill to enforce the specific performance of. In other words, there is no controversy between these parties within the purview of the act in question.

The submission made to the court will therefore be dismissed for that reason.

LAWS OF VARIOUS STATES RELATING TO LABOR ENACTED SINCE JANUARY 1, 1896.

[The Second Special Report of the Department contains all laws of the various States and Terri tories and of the United States relating to labor in force January 1, 1896. Later enactments are reproduced in successive issues of the Bulletin from time to time as published.]

GEORGIA.

ACTS OF 1897.

ACT No. 310.-Convict labor.

(Page 71.)

SECTION 6. The [prison] commission shall have complete management and control of the State convicts, shall regulate the hours of their labor: * * * Provided further, That any person or corporation, having hired any conviets under the provisions of this act, and failing or refusing to comply with the regulations of the commission, shall forfeit all rights under any contract of hiring, and in their discretion said commission shall have power and authority to take from said hirer the convicts so hired, and rehire the same under the provisions of this act.

*

SEC. 8. ** The commission shall have erected on said land so purchased [purchased for a prison farm] suitable buildings, stockades, and appurtenances for the safe-keeping and care of the following classes of conviets: Females, boys under 15 years of age, and such aged, infirm or diseased convicts as, in the judgment of the commission, should not be hired out: Provided, That the commission shall have power and authority, in its discretion, to take from any hirer any convict whom they have hired out and to place such convict upon the farm herein provided for, relieving such hirer of that part of the hire of such convict for the time during which such hirer is thus deprived of the services of such conviet: Provided further, That said commission shall likewise have power and authority, in its discretion, to take from said farm any boy upon his reaching the age of 15, or thereafter, and hiring him out as other convicts are to be hired under the provisions of this act. The commission shall sell, to the best advantage, all surplus products of the penitentiary, and shall apply the proceeds thereof to the maintenance of the institution as far as necessary. Should any surplus funds arise from this source they shall be paid into the State treasury annually, and the commission shall, at the end of each quarter, make to the governor a detailed report of all such transactions: Provided, The commission shall have authority to furnish such surplus products, or any part thereof, to the State Asylum for the Insane at Milledgeville, the Academy for the Blind at Macon, and to the School for the Deaf at Cave Spring, should this be found practicable.

*

SEC. 9. If by reason of the forfeiture of any lease contract now in existence any portion of the convicts should be retaken by the State from the present lessees before the lease contract expires, the commission may, in their discretion, place said convicts so retaken upon said land, making suitable arrangements for their care and maintenance, and utilize their labor in erecting the buildings, stockades, and appurtenances heretofore provided for, or such other labor as the commission deem profitable; or if equitable arrangements can be made with any of said lessees whereby the State may resume control of such portion of the convicts as may be needed for this purpose, the commission is authorized to make such arrangements and use said convicts in the manner and for the purpose specified, but no such arrangement shall be made unless it will be cheaper to the State than free labor.

SEC. 10. Should the authorities of any county or any municipal corporation in this State desire to utilize any number of State or felony convicts on the public roads or works in their respective counties or municipal corporations, said authorities may file with said commission a requisition stating the number wanted, the kind of work to be done, and the term for which they will be wanted, which requisition must be filed with said board by the 10th day of August, 1898, and said commission is hereby authorized to furnish said county authorities the number so required. After the year 1898 the said requisitions shall be filed by the commission in the order in which same are received, and the convicts furnished thereon as the commission

may be able, respect being had to the amount offered. The convicts furnished under this section shall be short-term (not over two years) men, and physically able to do the work required of them. In no event shall any county be furnished with felony convicts whose authorities fail to work its own misdemeanor convicts on the public roads or public works. Should such requisition be made, and the convicts furnished, the county or municipal authorities shall provide, without cost to the State, all transportation, maintenance, guards, and other necessaries, and shall pay to the State not less than $36 per annum for each convict, to be collected and applied as the hire of convicts as hereinafter provided. The said convicts shall be governed and controlled by the rules and regulations provided by the commission. SEC. 11. At the same time that advertisements are published for the purchase of land, as provided by section 8 of this act, said commission shall run a similar advertisement offering for hire, for terms not longer than 5 years, all the convicts not embraced in section 8 of this act, and not furnished the county authorities, as provided by section 10, to be employed at any labor consistent with reasonable punishment and the physical ability of the convicts: Provided, That the convicts shall, as far as possible consistent with the best interests of the State, be so worked that the products of their labor shall come least in competition with that of free labor: Provided further, That in no case shall convicts be worked in factories where women are employed; the State furnishing all guards, physicians, the hirer furnishing transportation, maintenance, medicine, clothing, and all other necessaries, and such buildings as may be required (which shall be stated in the advertisement), and paying quarterly for the annual labor of the convicts at an agreed price per annum per capita. At the time fixed in said advertisement the commission shall award said convicts, or any of them, to the bidder or bidders who offer the highest and best price for the labor, but may reject any and all of said bids, and may make any other contract of hiring on the plan specified which, in their judgment, will carry out the intentions of this act and subserve the best interests of the State. Any hirer shall have the right to sublet, by and with the consent of the commission, any number or all the convicts hired by him, provided that there shall be no additional expense to the State. The commission, in hiring the convicts, may contract with one or more persons or companies, but no bids for less than 50 nor more than 500 convicts shall be received; and all convicts sentenced after April 1, 1899, to the penitentiary shall be disposed of by the commission, under and by virtue of the provisions of

this act.

SEC. 13. Upon the expiration of the present lease contract, the commission shall place upon the property purchased the females, who shall be put at such labor as is best suited to their sex and strength. They shall also place upon said farm or farms all boys under 15 years of age, who shall be put at such work as is best suited to their strength and age, making provisions for such moral and manual training as may be conducive to their reformation and restoration to good citizenship. Such aged, infirm, or diseased convicts as in the judgment of the commission should not be hired out, and such others as may be needed or reserved by said commission, shall be put at such labor as the commission may direct. The convicts required by the county or municipal authorities for public works therein shall be delivered to said county or municipal authorities, and the residue shall be put at labor on the contracts of hiring made as herein provided.

SEC. 17. All laws and parts of laws in conflict with this act are hereby repealed. Approved December 21, 1897.

TEXAS.

ACTS OF 1897, SPECIAL SESSION.

CHAPTER 6.-Liability of railroad companies for injuries of employees.

SECTION 1. Every person, receiver, or corporation operating a railroad or street railway the line of which shall be situated in whole or in part in this State, shall be liable for all damages sustained by any servant or employee thereof whilo engaged in the work of operating the cars, locomotives, or trains of such person, receiver, or corporation, by reason of the negligence of any other servant or employee of such person, receiver, or corporation, and the fact that such servants or employees were fellow-servants with each other shall not impair or destroy such liability.

SEC. 2. All persons engaged in the service of any person, receiver, or corporation, controlling or operating a railroad or street railway the line of which shall be situated in whole or in part in this State, who are intrusted by such person, receiver, or corporation with the authority of superintendence, control, or command of other servants or employees of such person, receiver, or corporation, or with the authority

to direct any other employee in the performance of any duty of such employee, are vice principals of such person, receiver, or corporation, and are not fellow-servants with their coemployees.

SEC. 3. All persons who are engaged in the common service of such person, receiver, or corporation, controlling or operating a railroad or street railway, and who while so employed are in the same grade of employment and are doing the same character of work or service and are working together at the same time and place and at the same piece of work and to a common purpose, are fellow-servants with each other. Employees who do not come within the provisions of this section shall not be considered fellow-servants.

SEC. 4. No contract made between the employer and employee based upon the contingency of death or injury of the employee and limiting the liability of the employer under this act or fixing damages to be recovered shall be valid or binding.

SEC. 5. Nothing in this act shall be held to impair or diminish the defense of contributory negligence when the injury of the servant or employee is caused proximately by his own contributory negligence.

SEC. 6. The short duration of the special session of the legislature, and the fact that the existing fellow-servant law is inadequate to accomplish its purposes, and the fact that a large portion of our citizens have no adequate remedy for personal injuries sustained, create an emergency, and an imperative public necessity exists, that the constitutional rule requiring bills to be read on three several days be, and the same is hereby suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.

Approved June 18, 1897.

[NOTE. The foregoing act passed the senate by a vote of yeas 20, nays 5; and passed the house by a vote of yeas 64, nays 40.]

WISCONSIN.

ACTS OF 1897.

CHAPTER 155.-Marking convict-made goods.

SECTION 1. All goods, wares and merchandise made by convict labor in any penitentiary, prison, reformatory or other establishment in which convict labor is employed in any State, except the State of Wisconsin, and imported, brought or introduced into the State of Wisconsin, shall before being exposed for sale, be branded, labeled or marked as hereinafter provided, and shall not be exposed for sale in any place within this State without such brand, label or mark.

SEC. 2. The brand, label or mark hereby required, shall contain at the head or top thereof the words "convict-made," followed by the year and name of the penitentiary, prison, reformatory or other establishment in which it was made, in plain English lettering, of the style and size known as great primer Roman condensed capitals. The brand or mark shall in all cases, where the nature of the article will permit, be placed upon the same, and only where such branding or marking is impossible shall a label be used, and where a label is used it shall be in the form of a paper tag, which shall be attached by wire to each article where the nature of the article will permit, and placed securely upon the box, crate or other covering in which such goods, wares or merchandise may be packed, shipped or exposed for sale. Said brand, mark or label shall be placed upon the outside of and upon the most conspicuous part of the finished article and its box, crate or covering.

SEC. 3. It shall be the duty of the commissioner of labor statistics and the district attorneys of the several counties to enforce the provisions of this act, and when, upon complaint or otherwise, the commissioner of labor statistics has reason to believe that this act is being violated, he shall advise the district attorney of the county wherein such alleged violation has occurred, of that fact, giving the information in support of his conclusions, and such district attorney shall at once institute the proper legal proceedings to compel compliance with this act.

SEC. 4. A person knowingly having in his possession for the purpose of sale, or offering for sale, any convict-made goods, wares or merchandise, manufactured in any State, except the State of Wisconsin, without the brand, mark or label, required by law, or who removes or defaces such brand, mark or label, is guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars, nor more than five hundred dollars, in the discretion of the court.

SEC. 5. This act shall take effect and be in force from and after its passage and publication.

Approved April 1, 1897.