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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 merchan dise, produce, or commodities, or the cost of insurance; of of the preparation of any product for market or transportation. ·
Hi To prevent or lessen competition in the manufacture, mak: Ing. transportation, sale or purchase of merchandise, produce or commodities, or the business of insurance, or to prevent or ļessen competition in aids to commerce, or in the preparation of any } l'oduct 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 niake, 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 produet for market or transportation at a fixed or graded figure, or by which they shall in any manner affert or maintain the price of any commodity or articie 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 charge 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
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 fegs 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. Certain COD- SEC. 12. Any contract or agreement in violation of the provitracts void.
sions of this act shall be absolutely void and not enforcible either
in law or equity. l'enalty.
Sec. 13. And in addition to the penalties and forfeitures herein provided for, every person violating this act may further be pun. ished by imprisonment in the penitentiary not less than one or more than ten years.
CHAPTER 112.- Protection of employers on street railways-In
closed platforms. SECTION 1. It shall be unlawful for any corporation or receiver operating a line of electric street railway in the State of Texas to require or permit the operation upon its lines of any electric car, other than train cars attached to motor cars, during the periods beginning November 15 and ending March 15 of each year, uulex the forward end of such car is provided with a screen or vestibule which shall fully protect the motorman or other person directing the motive power by which such car is propelled from wind and storm : Provided. That when excursionists are visiting any city, summer or open cars without such vestibule or screen may be operated as specials in addition to regular service.
SEC. 2. Any corporatiou or receiver operating a line of electric street railway 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 one hundred dollars nor more than one thousand dollars 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 County, Texas, or in any county in or through which such line of electric street railway may be run, by the attorney-general, or under his direr tion, or by the county or district attorney in any county in or through which such line of electric street railway may be operatel and such suits shall be subject to the provisions of article 1571, Revised Statutes of the State of Texas.
ARTICLE 12.--Interference with employment. Hinderingem Section 19. Every person in this State shall be free to obtain ployment.
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 16.--Employment of labor.
SECTION 1. The rights of labor shall have just protection bor to be pro- through laws calculated to promote the industrial welfare of the tected.
State. Board of la- SEC. 2. The legislature shall provide by law, for a board of bor, etc.
labor, conciliation and arbitration, which shall fairly represent the interests of both capital and labor. The board shall perform
duties, and receive compensation as prescribed by law.
SEC. 3. The legislature shall prohibit:
(1) The employment of women, or of children under the age of fourteen years, in underground mines,
(2) The contracting of convict labor.
(3) The labor of conviets outside prison grounds, except on public works under the direct control of the State.
(4) The political and commercial control of employees. Sec. 4. The exchange of blacklists by railroad companies or Exchange of other corporations, associations or persons is prohibited.
blacklists. Sec. 5. The right of action to recover damages for injuries re- Injuries caussulting in death, shall never be abrogated, and the amount recov
ing death. erable sliall not be subject to any statutory limitation,
SEC. 6. Eight hours shall constitute a day's work on all works Hours of laor undertakings carried on or aided by the State, county or municipal governments; and the legislature shall pass laws to pro- Inspection of vide for the health and safety of employees in factories, smelters fuctories, etc. and mines. Sec. 7. The legislature, by appropriate legislation, shall pro
Enforcement. vide for the enforcement of the provisions of this article.
Title 4.-Wages preferred—In assignment.
SECTION 85. In all assignments for the benefit of creditors, debts
Wages to be due for wages or personal services of servants or employees of paid first. the assignor for services or labor rendered or performed within one year previous to the assignment, are preferred claims, and must be paid before any other creditor of the assignor, and shall be paid in full in all cases where there is sufficient property therefor; otherwise they alone shall be paid pro rata.
TITLE 18.- Protection of employees as voters.
It shall be unlawful for any employer,, Attempting to either corporation, association, company, firm, or person in paying influence vote. its, their, or his employees the salary or wages due them, to inclose their pay in “pay envelopes ” on which there is (are) written or printed any political mottoes, devices, or arguments, containing threats, express or implied, intended or calculated to influence the political opinion, views, or action of such employees. Nor shall it be lawful for any employer, either corporation, association, company, firm, or person, within ninety days of any election provided by law, to put up or otherwise exhibit in its, their, or his factory, workshop, mine, mill, boarding house, office, or other establishment or place where its, their, or his employees may be working or be present in the course of such employment, any handbill, notice, or placard, containing any threat, notice, or information, that in case any particular ticket or candidate shall or shall not be elected, work in its, their, or his establishment shall cease in whole or in part, or its, their, or his establishnient be closed, or the wages of its, their, or his workmen be reduced; or other threats, expressed or implied, intended or calculated to influence the political opinions or actions of its, their, or his employees. Any person or persons, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and any person, whether acting in his individual capacity or as an officer or agent of any corporation, so guilty of such misdemeanor shall be punished as hereinafter prescribed.
SEC. 899. It shall be unlawful for any corporation or any officer Same subject. or agent of any corporation to influence or attempt to influence, by force, violence, or restraint, or by inflicting or threatening to inflict any injury, damage, harm, or loss, or by discharging from employment or promoting in employment, or by intimidation, or otherwise in any manner whatever to induce or compel any employee to vote or refrain from voting at any election provided by law, or to vote or refrain from voting for any particular person or persons, measure or measures, at any such election. Any Forfeiture of such corporation, or any officer or agent of such corporation, violating any of the provisions of this section shall be deemed
guilty of a misdemeanor and be subjected to the penalty hereinafter provided, and in addition thereto, any corporation violating this section shall forfeit its charter and right to do business
in this State. Two hours al- SEC. 910. Any person entitled to a vote at a general election lowed for vot- held within this State, shall, on the day of such election, be ing.
entitled to absent himself from any employment in which he is then engaged or employed for a period of two hours between the time of opening and the time of closing the polls, and air such absence shall not be sufficient reason for the discharge uf any such person from such service or employment, and such roter shall not, because of so absenting himself, be liable to any penalty. nor shall any deduction be made on account of such absence, from
his usual salary or wages except when such employee is emProviso. ployed and paid by the hour: Provided, That application shall
be made for such leave of absence prior to the day of election. The employer may specify the hours during which such employee may absent himself as aforesaid. Any person or corporation who shall refuse to his or its employees the privilege hereby conferred, or who shall subject an employee to a penalty or reduction of wages because of the exercise of such privilege, of who shall, directly or indirectly violate the provisions of this title shall be deemed guilty of a misdemeanor.
TITLE 29.—Earnings of married women.
Earnings SECTION 1201. A wife may receive the wages for her personal separate prop- labor, and maintain an action therefor in her own name, and hold erty. the same in her own right,
as if unmarried.
TITLE 36.—Hours of labor.
SECTION 1336 (as amended by chapter 98, Acts of 1903). Eight
this State, whether State, county or municipal, and on all works and undertakings carried on or aided by the State, county or municipal governments. Any officer of the State or of any counts or municipal government, or any person, corporation, firm, contractor, agent, manager or foreman, who shall require or contract with any person to work in any penal institution or upon such works or undertakings, longer than eight hours in one calendar day, except in cases of emergency, where life or property is in
imminent danger, shall be guilty of a misdemeanor. In mines and SEC. 1337. The period of employment of working men in all smelters.
underground mines or workings, and in smelters and all other institutions for the reduction or refining of ores or metals, shall be eight hours per day, except in cases of emergency where life or property is in imminent danger. Any person, body corporate. agent, manager, or employer who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor.
Held to be constitutional. 14 l'. Rep. 71, 96 ; 18 Sup. Ct. Rep. 383.
An employee working more than eight hours is a violator of the law equally with his employer. The law will not be construed so as to me quire an employer to pay for the excess of eight hours services rendered by an employee. 57 l'uc. Rep. 720.
TITLE 36.—Employment of women and children. Employment SECTION 1338. It shall be unlawful for any person, firm, or cor
mines and poration to employ any child under fourteen years of age, or any smelters.
female, to work in any mine or smelter in the State of Utah. Any person, firm, or corporation who shall violate any of the provisions
of this section shall be deemed guilty of a misdemeanor. Seats for fe- Sec. 1339. The proprietor, manager, or person having charge of male employees any store, shop, hotel, restaurant, or other place where women or in stores, etc.
girls are employed as clerks or help therein, shall provide chairs, stools, or other contrivances where such clerks or help may rest
when not employed in the discharge of their respective duties. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor.
TITLE 36.-Blacklisting. SECTION 1340. No company, corporation, nor individual shall Blacklisting blacklist, or publish, or cause to be published or blacklisted, any
forbidden. 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, Penalty. 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 otherwise, 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.
princi: firm, or corporation, foreign or domestic, doing business in this pals defined. State, who are entrusted by such person, firm, or corporation as employer with the authority of superintendence, control, or command of other persons in the employ or service of such employer, or with the authority to direct any other employee in the performance of any duties of such employee, are vice principals of such employer and are not fellow-servants.
SEC. 1343. All persons who are engaged in the service of such Fellow.ser: employer, and who, while so engaged, are in the same grade of vants. service and are working together at the same time and place and to a common purpose, neither of such persons being entrusted by such employer with any superintendence or control over his fellow employees, are fellow-servants with each other: Provided, Proviso. That nothing herein contained shall be so construed as to make the employees of such employer fellow-servants with other employees engaged in any other department of service of such employer. Employees who do not come within the provisions of this section shall not be considered fellow-servants.
TITLE 36.—Wages preferred-In receiverships, etc. SECTION 1341. When the property of any company, corporation, Wages to be firm, or person shall be seized upon by any process of any court of paid first. this State, or when their business shall be suspended by the action of creditors, or be put into the hands of a receiver, assignee, or trustee, the debts owing to employees, laborers, or servants, for work or labor performed within one year next preceding the seizure or transfer of such property, shall be considered and treated as preferred debts, and such laborers, servants, or employees, shall be preferred creditors, and shall be first paid in full; and if there be not sufficient to pay them in full, then the same shall be paid to them pro rata, after paying costs.
Sec. 1315. Any such employee, laborer, or servant desiring to Statement. enforce his claim for wages under this chapter shall present a statement, under oath, showing the amount due after allowing all just credits and set-offs, the kind of work for which such wages are due, and when performed, to the officer, person, or court charged with such property, within ten days after the seizure thereof on any writ of attachment, or within thirty days after the