Imágenes de páginas
PDF
EPUB

Vice

corporation, and the fact that such servants or employees were fellow-servants with each other shall not impair or destroy such liability.

Hand cars are cars within the meaning of this section. A member of a section gang carrying tools on foot and others using a hand car for the same purpose were held not to be fellow-servants. 57 S. W. Rep. 802.

Sec. 2. All persons engaged in the service of any person, receiver, princi or corporation, controlling or operating a railroad or street rail- pals defined. way 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 Fellow-servsuch 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 fellowservants.

SEC. 4. No contract made between the employer and employee contracts based upon the contingency of death or injury of the employee limiting lia. and limiting the liability of the employer under this act or fixing

bility. damages to be recovered shall be valid or binding.

Sec. 5. Nothing in this act shall be held to impair or diminish Contributory the defense of contributory negligence when the injury of the sery- negligence. ant or employee is caused proximately by his own contributory negligence.

ACTS OF 1899.

ants defined.

CHAPTER 153.-Labor combinations not unlawful.

SECTION 1. From and after the passage of this act it shall be Workingmen lawful for any and all persons engaged in any kind of work or may organize. labor, manual or mental, or both, to associate then selves 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 respecive pursuits and employments.

SEC. 2. And it shall not be held unlawful for any member or Persuading to members of such trades unions or other organization or associa- quit work. tion, 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 Proviso. 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 Application any combination or combinations, association or associations of of law. 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, Provisos. That nothing herein contained shall be held to interfere 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 monopolies.

ACTS OF 1901.

CHAPTER 99.-Blacklisting. Blacklisting SECTION 1. No corporation(,) company, or individual shall blackforbidden.

list 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 corpo

ration, company or individual. Penalty. 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 in the county jail

not less than thirty nor more than ninety days or both. Act construed. SEC. 3. But this act shall 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 same. Definition. SEC. 4. Ile 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, periodicals,] letter or circular, with the intent to pre vent said employee from securing employment of any kind with any other person, firm, corporation or company, either in a public or private capacity.

CHAPTER 112.--Payment of wages in scrip.

Scrip to be SECTION 1. Hereafter it shall be unlawful for any person, firm, redeemable in money.

association of persons, corporation, or agent of either, to issue any ticket, check or writing obligatory, to any servant or employee for labor redeemable or payable only in goods or merchandise, and all such tickets, checks or writing obligatory so issued, shall be redeemable and payable in current funds of the United States of America, or in goods or merchandise at the option of the holder thereof. And any contract or agreement to take and receive such tickets, checks or writing obligatory, redeemable only in goods or

merchandise shall be null and void, and as against public policy: Proviso. Provided, That this act shall not apply to any person, firm or cor

poration having a monthly pay day, and whose employees or laborers are paid regularly once a month in current funds of the United States, and whose checks, coupons and writings obligatory payable in merchandise only, are issued at the instance and request of such laborers or employees made during the current month and before said monthly pay day. This act shall not apply to merchants who issue coupon books to tenants working on

farms. Penalty. SEC. 2. Any person, or the agent or [of] any person, tirm, associa

tion of persons or corporation, who shall violate any provisions in the foregoing section shall be deemed guilty of a misdemeanor and on conviction shall be punished by a fine of not less than five nor more than one hundred dollars, or by imprisonment in the county jail for a period of not less than five nor more than sixty days.

ACTS OF 1903.

CHAPTER 28.Employment of children-Age limit.

SECTION 1. .Any person or any agent or employee of any person, Age limit. firm or corporation, who shall hereafter employ any child under the age of twelve years to labor in or about any mill, factory, manufacturing establishment, or other establishment using machinery, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than fifty dollars, and not more than two hundred dollars, and each day the provisions of this act are violated shall constitute a separate offense.

SEC. 2. Any person, or any agent or employee of any person, Illiterates. firm or corporation, who shall hereafter employ any child between the ages of twelve and fourteen years (who cannot read and write simple sentences in the English language) to labor in or about any mill, factory, manufacturing establishment, or other establishment using machinery, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than fifty dollars, nor more than two hundred dollars; and each day the provisions of this act are violated shall constitute a separate offense: Provided, That such child who has a widowed mother, Provisos. or parent incapacitated to support it, may be employed between the hours of 6 a. m. and 6 p. m.: Provided, further, That such parent is incapacitated from earning a living, and has no means of support other than the labor of such child; and in no event shall any child between the ages of twelve and fourteen years be Night work. permitted to work outside the hours between 6 a, m. and ( p. m.

SEC. 3. Any person, or agent or employee of any person, firm or Mines, distil. corporation, owning, operating or assisting in operating, any mine. Ierles, etc. distillery or brewery, who shall employ any child under the age of sixteen years to labor in or about any mine, distillery or brewery, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than fifty, por more than two hundred dollars,

('HAPTER 31.-Hours of labor of railroad employees,

when.

SECTION 1. It shall be unlawful for any corporation or receiver Eight hours operating a line of railroad in whole or in part in the State of rest required, Texas, or any officer, agent or representative of such corporation or receiver to require or permit any conductor, engineer, fireman, brakeman, train dispatcher, telegraph operator, or any trainman who has worked in his respective capacity for sixteen consecutive hours, to again go on duty or perform any work for such railroad until he has had at least eight hours' rest: Provided, This provision shall not apply in case of casualty upon such railroad : Provided. This section shall not apply to employees of sleeping car companies.

SEC. 2. Any corporation or receiver operating a line of railroad Penalty. in whole or in part in the State of Texas who shall violate any of the provisions of this act, shall be liable to the State of Texas for a penalty of not less than $100 nor more than $1,000 for each offense, and such penalties shall be recovered and suit therefor shall be brought in the name of the State of Texas, in a court of proper jurisdiction in Travis ('ounty, Texas, or in any county into or through which said railway may run, hy the attorney-general, or under his direction, or by the county or district attorney in any county through or into or out of which trains may be operated by said railroad, and such suits shall be subject to the provisions of article 4577, Revised Statutes of the State of Texas.

H. Doc. 733, 58–2_74

CHAPTER 63.—Coercion of employees in trading-Blacklisting. Restriction of SECTION 1. It shall be unlawful for any person or persons, coremployees as to trading.

poration or firm, or any agent, manager or board of managers or servant of any corporation or firm in this State to coerce or require any servant or employee to deal with or purchase any arti

cle of food, clothing or merchandise of any kind whatever, from Blacklisting. any person, association, corporation or company, or at any place

or store whatever. And it shall be unlawful for any such person or persons, or agent, manager, or board of managers or servant to exclude from work, or to punish or blacklist any of said employees for failure to deal with any such person or persons or any firin, company or corporation, or to purchase any article of food, cloth

ing or merchandise whatever at any store or any place whatever. Penalty. SEC. 2. Any person or persons, company or corporation or asso

ciation, or any agent, manager or managers, or servant of any company, corporation or association, described in the foregoing section who shall violate any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than fifty, nor more than two hundred dollars for each offense.

CHAPTER 76.-Mine regulations. Two outlets SECTION 1. It shall be unlawful for the owner, agent, lessee, required, when. receiver or operator of any mine in this State to employ any per

son or persons in said mine for the purpose of working therein unless there are in connection with every seam or stratum of coal or ore worked in such mine not less than two openings or outlets, separated by a stratum of not less than one hundred and fifty feet at surface and not less than thirty feet at any place, at which openings or outlets safe and distinct means of ingress and egress shall at all times be available for the persons employed in such mine. The escapement shafts or slopes shall be fitted with safe and available appliances hy which the employees of the mine may readily escape in case of accident. In slopes used as haulage roads where the dip or incline is ten degrees or more there must be provided a separate traveling way which shall be maintained

in a safe condition for travel and kept free from dangerous gases. Time for mak

SEC. 2. The time which shall be allowed for completing such ing changes.

escapement shaft or opening as is required by the terms of this act shall be: For mines already opened when this act shall become a law, one year for sinking any shaft or slope two hundred feet or less in depth, and one additional year or pro rata portion thereof for every additional two hundred feet or fraction thereof; but for mines which shall be opened after the taking effect of this act the time allowed shall be two years for all shafts or slopes more than two hundred feet in depth, and one year for all shafts two hundred feet in depth or less; and the time shall be reckoned in all cases from the date on which coal or ore is first hoisted from the

original shaft or slope for sale or use. Violations. SEC. 3. Any person, owner, agent, lessee, receiver or operator of

any mine in this State who shall violate or suffer or permit the riolation of any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than two hundred nor more than five hundred dollars, and each day such violation continues shall constitute a separate offense.

CHAPTER 94.-Antitrust law-Boycotting, etc.

Definition of SECTION 1. A trust is a combination of capital, skill or acts by trust.

two or more persons, firms, corporations or associations of persons, or either two or more of them for either, any, or all of the following purposes :

1. To create or which may tend to create or carry out restrictions in trade or commerce or aids to commerce or in the preparation of any product for market or transportation, or to create or carry out restrictions in the free pursuit of any business authorized or permitted by the laws of this State.

2. To fix, maintain, increase or reduce the price of merchandise, produce, or commodities, or the cost of insurahice, of of the preparation of any product for market or transportation,

* To prevent or lessen competition in the manufacturë, mak ing, transportation, sale or purchase of merchandise, produce or commodities, or the business of insurance, or to prevent or lessen competition in aids to commerce, or in the preparation of any product for market or transportation.

4. To fix or maintain any standard or figure whereby the price of any article or commodity of merchandise, produce or commerce, or the cost of transportation, or insurance, or the preparation of any product for market or transportation, shall be in any manner affected, controlled or established.

5. To make, enter into, maintain, execute or carry out any contract, obligation or agreement by which the parties thereto bind, or have bound themselves not to sell, dispose of, transport or to prepare for market or transportation any article or commodity, or to make any contract of insurance at a price below a common standard or figure, or by which they shall agree in any manner to keep the price of such article or commodity or charge for trans. portation or insurance, or the cost of the preparation of any product for market or transportation at a fixed or graded figure, or by which they shall in any manner affect or maintain the price of any commodity or article or the cost of transportation or insur': ance or the cost of the preparation of any product for market or transportation between them or themselves and others, to preclude a free and unrestricted competition among themselves or others in the sale or transportation of any such article or commodity or business of transportation or insurance or the preparation of any product for market or transportation, or by which they shall agree to pool, combine or unite any interest they may have in connection with the sale or purchase of any article or commodity or charge for transportation or insurance or charge for the preparation of any product for market or transportation whereby its price or such chargê might be in any manner affected.

6. To regulate, fix or limit the output of any article or commodity which may be manufactured; mined, produced or sold, or the amount of insurance which may be undertaken, or the amount of work that may be done in the preparation of any product for market or transportation.

7. To abstain from engaging in or continuing business or from the purchase or sale of merchandise, produce or commodities partially or entirely within the State of Texas, or any portion thereof.

Sec. 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

Conspiracy.

Boycotting,

*

Illegality,

Violations,"

« AnteriorContinuar »