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.

[Original act approved June 14, 1872.]

SEC. 73. 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 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 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, third, That nothing herein contained shall prevent the prosecution and punishment of any persons conspiring to commit a felony. [Original act approved June 16, 1891.]

PAGE 533.-Strikes of railroad employees.

SEC. 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] 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 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.

[Original act approved March 22, 1877.]

PAGE 1697.-Peace officers-Citizens only eligible.

SEC. 14. No sheriff of a county, mayor of a city, or other person authorized by law to appoint special deputies, marshals or policemen in this Commonwealth to preserve the public peace and prevent or quell public disturbances, and no individuals, association, company or incorporation incorporated under the laws of this State or of any other State of the United States, and doing business in this State, shall hereafter appoint or employ such special deputy, marshal or policeman, any person who shall not be a citizen of this Commonwealth.

SEC. 15. Any person who shall in this Commonwealth without due authority pretend or hold himself out to any one as a deputy sheriff, marshal, policeman, constable or peace officer, shall be deemed guilty of a misdemeanor.

SEC. 16. Any person or persons, company or association, or any person in the employ of such company or association, violating any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars or undergo an imprisonment not exceeding one year, or both, or either, at the discretion of the court: Provided, That if any company or association be convicted under this act it shall be sentenced to pay a fine not exceeding five thousand dollars: Provided further, That the provisions of this act shall not be construed as applying to policemen, constables or specials appointed by municipalities for municipal purposes. [Original act approved May 29, 1893.]

PAGE 2017.-Strikes not conspiracies.

SEC. 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; * * Provided, The provisions of this act shall not apply to the counties of Clearfield and Center.

*

[Original act approved May 8, 1869.] 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.

[Original act approved June 14, 1872.] SEC. 3. The second proviso in

*

* *

*

* section [2 above] * shall be so construed that the use of lawful or peaceful means, having for their object a lawful purpose, shall not be regarded as "in any way hindering" persons who desire to labor; 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. [Original act approved April 20, 1876.]

PAGE 2019.-Strikes not conspiracies.

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 o them would be contrary to the constitution, rules, regulations, by-laws, resolution o 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 members or as having attended any meeting it shall be lawful for him, her or the to devise and adopt ways and means to make such rules, regulations, by-laws, rese lution or resolutions effective, without subjecting them to indictment for conspiracy at common law or under the criminal laws of this Commonwealth: Provided, nos 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 Constit tion of the United States and to the constitution of this Commonwealth: Providet, second, That nothing herein contained shall prevent the prosecution and punistment, 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 hè. 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.

[Original act approved June 16, 1891.]

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.

[Original act approved May 30, 1873.]

CHAPTER 279.-Obstructing conduct of business, etc.

SEC. 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. [Original act approved in 1881.]*

SOUTH CAROLINA.

CONSTITUTION.

ARTICLE 8.-Importation of men for police duty prohibited.

SECTION 9. No armed police force or representatives of a detective agency shall ever be brought into this State for the suppression of domestic violence; nor shall any other armed or unarmed body of men be brought in for that purpose, except upon the application of the general assembly or of the executive of this State (when the general assembly is not in session), as provided in the Constitution of the United States. The general assembly shall provide proper penalties for the enforcement of the provisions of this section.

[Adopted December 4, 1895.]

5. 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 the due administration of the laws, they are guilty of a misdemeanor.

SEC. 6427. No agreement except to commit a felony upon the person of another, or to commit arson or burglary amounts to a conspiracy, unless some act beside such agreement be done to effect the object thereof, by one or more of the parties to such agreement.

[Original act approved February 17, 1877.]

CHAPTER 58.-Intimidation of employers and employees.

SEC. 6924. 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. 6925. 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. 6926. 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 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 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 of committing the same. [Original act approved February 17, 1887.]

ACTS OF 1893.

CHAPTER 17.-Importation of men for police duty prohibited.

SECTION 1. No armed police force or detective agency or armed body of men other than United States troops shall ever be brought into the State for the suppression of violence, except upon the application of the legislature when in session, or the executive, when the legislature is not in session.

SEC. 2. Any violation of the provisions of this act shall be a felony.
Approved March 4, 1893.

LAB 1901 - 65

TENNESSEE.

CODE OF 1884.

PART IV-TITLE 1.-Conspiracy.

SECTION 5583. The crime of conspiracy may be committed by any two or more persons conspiring

7. To commit any act injurious to public health, public morals, trade, or con merce, or for the perversion or obstruction of justice, or the due administration a the law.

SEC. 5584. Persons guilty of any conspiracy described in the preceding section. Y of any conspiracy at common law, are guilty of a misdemeanor.

SEC. 5585. No agreement shall be deemed a conspiracy unless some act be done to effect the object thereof, except an agreement to commit a felony on the person of another, or to commit the crimes of arson or burglary.

6. Any conspiracy by two or more persons to do an act injurious to public trade, as provided in section 5583.

[Original act approved in 1858.]

TEXAS.

REVISED STATUTES OF 1895.

CIVIL STATUTES.

TITLE XXXVA.-Employment of nonresident detectives prohibited.

ARTICLE 1701a. No person, corporation, or firm shall be permitted to employ any armed force of detectives, or other persons not residents of this State, in the State

of Texas.

ART. 1701b. Any person, firm, or corporation employing such forces contrary to the provisions of the preceding article shall be liable to pay to the State of Texas, as a penalty, not less than twenty-five nor more than one thousand dollars, to be recov ered before any court of competent jurisdiction in this State; provided, that nothing herein shall be construed to deprive any person, firm, or corporation of the right of self-defense, or in defense of the property of said person, firm, or corporation by such lawful means as may be necessary to such defense.

[Original act approved May 11, 1893.]

PENAL CODE.

TITLE IX.-Unlawful assembly, riots, etc.

ART. 299. An "unlawful assemby" is the meeting of three or more persons with 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.

ART. 314. Where the persons engaged in any unlawful assembly met at first for a lawful purpose, and afterward agreed upon an unlawful purpose, they are equally guilty of the offense defined in article 299.

ART. 315. If the persons unlawfully assembled together do or attempt to do any illegal act, all those engaged in such illegal act are guilty of riot.

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.

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