various hearings knowledge of the injunction was in general admitted, the defense being that the acts done by the appellants were simply acts of advice and persuasion and that no violence was committed by them or with their knowledge or approval. Evidence showed, however, that repeated assaults had been made and that many persons, both actual and prospective employees, had been intimidated. The purpose of the strike as set forth by a number of the appellants was to procure the signing of the agreement as to the exclusive employment of union labor above referred to.

The various points raised at the hearing were discussed at length by Judge Adams, who delivered the opinion of the court. The following extracts from his opinion show the grounds on which he supported the judgment of the court below and also his ruling as to the legality of the form of contract demanded by the labor unions:

It is contended that the contempts are criminal, and, therefore, appellants should have been discharged on their answers. The relief sought is a permanent injunction, and preliminary thereto a temporary one of the same character as the permanent one prayed. Manifestly the preliminary injunction is for the benefit of the complainant and, therefore, its enforcement is for its benefit.

The injunction and its enforcement being for the complainant's benefit, the proceedings must be regarded as civil.

It is practically impossible, without extending this opinion beyond all reasonable bounds, to refer to all of the affidavits in support of the petition of June 22nd. They are very numerous and it clearly appears from them that a large number of the former employees of complainant picketed and patrolled in the immediate neighborhood of complainant's factory, and in the approaches thereto, and endeavored, sometimes by warnings, sometimes by threats, and, in a number of times, by actual assault and beatings and the use of opprobrious epithets, to deter complainant's employees from remaining in its employ, and to prevent others seeking employment with it from entering its employ, by means of which constant fear of bodily injury was engendered in the minds of such persons.

The appellants deny that they personally used force, threats or intimidation of any sort, and say that they were very peaceable and mildly persuasive. But the very presence of a large number of pickets, with the avowed purpose of preventing complainant's employees from remaining in its employ, and those seeking employment with it to desist therefrom, was itself intimidation. In Farmer's Loan & Trust Co. v. N. Pac. R. R. Co., 60 Fed. R., 803, 820, Mr. Justice Jenkins quotes the following remarks of Mr. Justice Brewer on the subject: The common rule as to strikes is this: Not merely do the employees quit the employment, and thus handicap the employer in the use of his property, and perhaps in the discharge of duties which he owes to the public, but they also forcibly prevent others from taking their places. It is useless to say that they only advise; no man is misled. When a thousand laborers gather around a railroad track and say to hose who seek employment that they had better not; and when that advice is supplemented every little while by a terrible assault on one who disregards it, every one knows that something more than advice

is intended. It is coercion, force; it is the effort of the many, by the mere weight of numbers, to compel the one to do their bidding."

That the purpose of the strike was to compel the execution of the drafts of agreement is clear. It is averred in the sworn bill and deposed to in the affidavits of De Wolf, complainant's president, Kellogg, its secretary, and treasurer, and Edwards, its superintendent, that business agents of the different unions called on complainant, and insisted on its executing the agreements, and that, when complainant's president refused, on the ground that the proposed agreements were unreasonable, it was threatened by one of said business agents that, unless complainant would sign the agreements, a strike would be called, and that said business agents called a strike, in response to which about 500 of complainant's employees quit its employ. Appellants' counsel admit in their brief, "the purpose of the strike is to bring about the execution of the contracts," and at least three of appellants so admit in their answers. It is unlawful to compel one to execute any contract. A contract executed under duress is voidable, and duress is present where a party "is constrained, under circumstances which deprive him of the exercise of free will, to agree to or to perform the act sought to be avoided." (10 Am. & Eng. Ency., 2nd ed., p. 321.) "Duress per minas exists when a person is induced to perform an act to avoid a threatened and impending calamity." (Ib. 324.) Especially was the purpose to compel complainant to execute the agreements in question an unlawful purpose. Article I strikes at the right of contract, and provides that complainant shall employ none but members of the several unions, thus discriminating in favor of one class of men and excluding all others.

The agreements in question would, if executed, tend to create a monopoly in favor of the members of the different unions, to the exclusion of workmen not members of such unions, and are, in this respect, unlawful. Contracts tending to create a monopoly are void. [Cases cited.]

Not only was the purpose of the strike unlawful, but the means used to achieve the unlawful purpose were unlawful. The means used were the acts heretofore mentioned, and thereby injury to the complainant's business. The appellants and their associates intended to stop the business of the complainant so far as they possibly could, and the evidence shows that they did stop it in great part, to complainant's injury. The following is contained in the brief of appellants' counsel, which we quote as illustrative of their view of the cause. "How do picketing, patrolling, persuading, or even slugging affect property rights, except. in the most fantastic sense? Injury to business has no independent existence whatever, because business has no tangible existence to be injured, in the true and unperverted sense."

In Union Pac. Ry. Co. v. Ruef, 120 Fed. R., 102, 113, the court say "And that one's business is his or its property is likewise elementary, and is conceded by all. And that liberty means the right to do as he pleases, when he interferes with the rights of no other person, and thei right to make contracts with all persons upon all subjects-matter, save and excepting with reference to immoral or unlawful matters, is also. conceded by all who know anything of the propositions.

It is an indispensable condition of the enjoyment by each citizen of the liberty and rights guaranteed by the constitution and laws, that he shall respect and not unlawfully infringe upon the liberty or rights of any other citizen. This can not be done with impunity.

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

[The Second Special Report of this Bureau contains all laws of the various States and Territories 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.]

ΜΟΝΤΑΝΑ.

ACTS OF 1903.

CHAPTER 45.-Employment of children.

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SECTION 1. Section 1920 of the Political Code [shall] be amended to read as follows: Section 1920. ** Every parent, guardian or other person having charge of any child between the ages of eight and fourteen years shall send such child to a public, private, or parochial school, for the full time that the school attended is in session, which shall in no case be for less than sixteen weeks during any current year, and said attendance shall begin within the first week of the school term, unless the child is excused from such attendance * * *, upon satisfactory showing, either that the bodily or mental condition of the child does not permit of its attendance at school, or that the child is being instructed at home by a person qualified, * * * or that there is no school taught the required length of time within 21 miles of the residence of such child by the nearest traveled road: Provided, That no child shall be refused admission to any public school on account of race or color. *

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SEC. 2. Section 1921 [shall] be amended to read as follows:

Section 1921. No child under fourteen years of age shall be employed or be in the employment of any person, company or corporation during the school term and while the public schools are in session, unless such child shall present to such person, company or corporation an age and schooling certificate herein provided for. An age and schooling certificate shall be approved only by the superintendent of schools, or by a person authorized by him, in city or other districts having such superintendent, or by the clerk of the board of trustees in village and township districts not having such superintendent, upon a satisfactory proof of the age of such minor and that he has successfully completed the studies enumerated in section 1920 of this article; or if between the ages of fourteen and sixteen years, a knowledge of his or her ability to read and write legibly the English language. The age and schooling certificate shall be formulated by the superintendent of public instruction and the same furnished, in blank, by the clerk of the board of trustees or the clerk of the district. Every person [,] company, or corporation employing any child under sixteen years of age, shall exact the age and schooling certificate prescribed in this section, as a condition of employment and shall keep the same on file, and shall upon the request of the truant officer hereinafter provided for, permit him to examine such age and schooling certificate. Any person, company, or corporation, employing any minor contrary to the provisions of this section shall be fined not less than twentyfive nor more than fifty dollars for each and every offense.

SEC. 3. Section 1922 [shall] be amended to read as follows:

Section 1922. All minors over the age of fourteen and under the age of sixteen years, who can not read and write the English language shall be required to attend school as provided in section 1920, of this article and all the provisions of said section I shall apply to said minors; Provided, That such attendance shall not be required of such minors after they have secured a certificate from the superintendent of schools in districts having superintendents, or the clerk of the board of trustees in districts not having superintendents, that they can read, and write the English language. No person, company or corporation shall employ any such minor during the time schools are in session, or having such minor in their employ shall immediately cease

such employment, upon notice from the truant officer who is hereinafter provided. Every person, company, or corporation violating the provisions of this section shall be fined not less than twenty-five nor more than fifty dollars for each and every offense.

SEC. 5. Section 1924 [shall] be amended to read as follows:

Section 1924. * * *The truant officer shall be vested with police powers, the authority to serve warrants, and have authority to enter workshops, factories, stores and all other places where children may be employed, and do whatever may be necessary, in the way of investigation or otherwise to enforce the provisions of this

act;

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Approved March 3d, 1903.

CHAPTER 53.-Hours of labor of hoisting engineers at mines.

SECTION 1. It shall be unlawful for any person or persons, company or corporation, to operate or handle, or to induce, persuade or prevail upon any person or persons to operate or handle for more than eight hours in twenty-four hours of each day, any hoisting engine at or in any mine.

This act shall apply only to such plants as are in continuous operation or are operated sixteen or more hours in twenty-four hours of each day, or at or in any mine where said hoisting engine develops fifteen or more horse power, or at or in any mine wherein there are fifteen or more men employed underground in twentyfour hours of each day: Provided however, That the provisions of this act shall not apply to any person or persons operating any hoisting engine more than eight hours in each twenty-four hours for the purpose of relieving another employee in case of sickness or other unforeseen cause or causes.

SEC. 2. Any person or persons, company or corporation, who shall violate any of the provisions of this act, shall, upon conviction, be punished by a fine of not less than ten ($10) dollars, nor more than one hundred ($100) dollars; and each and every day that such person or persons, company or corporation may continue to violate any of the provisions of this act, shall be considered a separate and distinct offense and shall be punishable as such.

Approved March 3, 1903.

CHAPTER 60.-Mine regulations-Safety cages.

SECTION 1.-Section 705 of Title X of the Penal Code *

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as amended by House Bill No. 77, of the Laws of the Fifth Legislative Assembly, is hereby amended so as to read as follows:

Section 705. It is unlawful for any corporation or person to sink or work, through any vertical shaft where mining cages are used, to a greater depth than three hundred feet, unless said shaft shall be provided with an iron-bonneted safety cage, to be used in the lowering and hoisting of the employees thereof, said cage to be also provided with sheet iron or steel casing not less than one-eight [one-eighth] inch in diameter [thickness]; doors to be made of the same material shall be hung on hinges or may be made to slide and shall not be less than five feet high from the bottom of the cage, and said doors must be closed when lowering or hoisting the men: Provided, That when such cage is used for sinking only, it need not be equipped with such doors as are hereinbefore provided for. The safety apparatus, whether consisting of eccentrics, springs or other device, must be securely fastened to the cage, and must be of sufficient strength to hold the cage loaded at any depth to which the shaft may be sunk. The iron bonnet of the aforesaid cage must be made of boiler sheet iron, of good quality, of at least three-sixteenths of an inch in thickness, and must cover the top of such cage in such manner as to afford the greatest protection to life and limb from anything falling down said shaft. It shall be the duty of the mining inspector and his assistant to see that all cages are kept in compliance with this section and to also see that the safety dogs are kept in good order.

Every person or corporation failing to comply with any of the provisions of this section is punishable by a fine of not less than three hundred dollars, nor more than one thousand dollars.

Approved March 4, 1903.

CHAPTER 80.-Employment of labor— Fraudulent representations, etc.

SECTION 1. It shall be unlawful for any person or persons, society, company association, corporation, or organization of any kind, doing business in this State, t

induce, influence, persuade or engage workmen to change from one place to another in this State, through or by means of deception, misrepresentation and false advertis ing concerning the kind or character of the work, or the sanitary or other conditions of employment, or as to the existence of a strike or other trouble pending between the employer and the employee, at the time of, or immediately prior to such engagement. Failure to state in any advertisement, proposal or contract for the employment of workmen that there is a strike, lockout, or other labor trouble at the place of the proposed employment, when in fact such strike, lockout or other trouble then actually exists at such place, shall be deemed a false advertisement and misrepresentation for the purpose of this act.

SEC. 2. Every person, company, corporation, society, association, or organization of any kind, doing business in this State, violating any of the provisions of this act, is punishable by a fine of not less than one hundred ($100) dollars, not [nor] more than two thousand ($2,000) dollars.

SEC. 3. Any workman of this State, or any workman of any State, who has been. or shall be, influenced, induced or persuaded to engage with any person mentioned in section 1 of this act, through or by means of any of the things prohibited by this act, shall have a right of action for recovery of all damages that he has sustained in consequence of the deception. Misrepresentation and false advertising used to induce him to change his place of employment, against any person, corporation, company, or association, directly or indirectly procuring such change, and in addition thereto, he shall recover reasonable attorney's fees to be fixed by the court and taxed as costs in any judgment recovered.

Approved March 5, 1903.

CHAPTER 82.-Mine regulations.

SECTION 1. It is unlawful for any corporation or person operating any mine in this State worked through a vertical or incline shaft, to stope within a less distance than twenty-five (25) feet of the said shaft, when other work is being carried on below said stoping.

SEC. 2. It is unlawful for any person or corporation operating any mine in this State worked through a vertical or incline shaft, where a cage or other device is used for the purpose of hoisting or lowering men to run such cage when men are upon the same at a greater rate of speed than eight hundred (800) feet per minute.

SEC. 3. It is unlawful for any person, company or corporation, to erect or maintain any building, or inclosure used for a blacksmith shop or drying room within a distance of fifty (50) feet of the mouth of any tunnel or shaft, unless the same shall be fireproof in its construction.

SEC. 4. The penalty for violating the provisions of any of the preceding sections is the same as provided in section 705 of the Penal Code: Provided, That when it shall appear that any engineer has violated the express order of his employer in running his engine at a greater speed than 800 feet per minute the engineer alone shall be subject to prosecution, and to the fine imposed by the provisions of this act. Approved March 5, 1903.

CHAPTER 83.-Liability of employers for injuries to employees.

SECTION 1. Every railway corporation including electric railway corporations, doing business in this State shall be liable for all damages sustained by an employee thereof, within this State, without contributing negligence on his part, when such damage is caused by the negligence of any train dispatcher, telegraph operator, ,superintendent, master mechanic, yardmaster, conductor, engineer, motorman, or of any other employee who has superintendence of any stationary or hand signal.

SEC. 2. That every company, corporation, or individual operating any mine, smelter or mill for the refining of ores shall be liable for all damages sustained by an employee thereof within this State, without contributing negligence on his part, when such damage is caused by the negligence of any superintendent, foreman, shift-boss, hoisting or other engineer, or crane-men.

SEC. 3. No contract of insurance, relief, benefit, or indemnity in case of injury or death, nor any other contract entered into either before or after the injury, between the person injured and any of the employers named in this act shall constitute any bar or defense to any cause of action brought under the provisions of this act. Approved March 5, 1903.