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as aforesaid. And the person whose personal earnings are so attached or garnished, shall have a right of action before any court of this State having jurisdiction, to recover the amount attached and any costs paid by him in such attachment proceedings, together with all damages which he or they may sustain thereby, particularly such damages as may result to such person or persons because of any loss of employment by them, or discharge or suspension from work because of any levy of such attachment or garnishment proceedings, either from the person so assigning, transferring, or sending such claim out of the State to be collected, as aforesaid, or the person to whom such claim may be assigned, transferred or sent, as aforesaid, or both, at the option of the person bringing such suit. The money thus recovered shall not be subject to garnishment.
SEC. 2. The assignment, transfer or sending of such claim to a person not a resident of this State, and the commencement of such proceedings in attachment outside of this state, shall be considered prima facie evidence of the violation of this the above] section.
ACTS OF 1899.
Act No. 311.- Forgery, etc., of cards of railroad labor organizations and
of employers' certificates.
(Page 79.) Counterfeiting Section 1. From and after the passage of this act, any person who card of associa- shall make, alter, forge or counterfeit any card or receipt of dues purtion.
porting to be given or issued by any association of railway employees, or by any of its officers, to its members, with intent to injure, deceive
or defraud, shall be punished as hereinafter provided. Forging SEC. 2. Any person who shall falsely make, alter, forge or counterployer's certifi- feit any letter or certificate purporting to be given by any corporation
or person, or officer or agent of such corporation or person to an employee of such corporation or person at the time of such employee's leaving the service of such corporation or person, showing the capacity or capacities in which such employee was employed by such corporation or person, the date of leaving the service or the reason or cause of such leaving, with the intent to injure, deceive or defraud, shall be
punished as hereinafter provided. Uttering or Sec. 3. Any person who shall willfully and knowingly utter, pubhaving false lish, pass or tender as true, or who shall have in his possession with cards, etc.
intent to utter, publish, pass or tender as true, any false, altered, forged or counterfeited letter, certificate, card or receipt, the forging, altering or counterfeiting whereof is prohibited by either of the preceding sections of this act, with intent to injure, deceive or defraud, knowing the same to be forged, shall be punished as hereinafter provided: Provided, That nothing in this act shall be construed to repeal, change or modify any of the existing laws in this State against the
crime of forgery. Penalty. SEC. 4. Any person violating any of the provisions of this act shall
be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 1039, Vol. III of the Penal Code of 1895.
ACTS OF 1901.
Act No. 428.-- Payment of wages due deceased employees of corporations.
What sum may
SECTION 1. From and after the passage of this act it shall be lawful be paid widow,
upon the death of any person employed by any railroad company, or etc.
other corporation doing business in this state, who may have wages due him by said railroad company, or other corporation, and who shall leave surviving him a widow or minor child or children, to pay all of said wages, when they do not exceed one hundred dollars, and in case such wages exceed one hundred dollars, to pay the sum of one
hundred dollars thereof to the surviving widow of such employee, and in case he has no surviving widow, but leaves surviving a minor child or children, then said sum shall be paid to said minor child or children without any administration upon the estate of said employee, and that said fund to the amount of one hundred dollars, after the death of said employee, is hereby exempt from any and all process of garnishment.
Sec. 2. Such railroad company, or other corporation, are hereby Payment rerequired to pay over said fund on the demand of said widow, and in quired. case there be no surviving widow, then on the demand of said minor child or children, or the guardian thereof.
Sec. 3. Said railroad company, or other corporation, paying over Payment is resaid fund as aforesaid, shall be, and are, hereby protected and released lease. from all claims whatsoever against said fund by the estate of said employee or creditors thereof, or the claims of said widow or minor child or children, or the guardian thereof.
Act No. 390.-Interference with employment. SECTION 1 (as amended by act No. 307, page 91, Acts of 1903). When Employment the relation of employer and employee, or of landlord and tenant of
of person under agricultural lands, or of landowner and cropper, has been created by written contract or by parol contract partly performed, made in the presence of one or more witnesses, it shall be unlawful for any person during the life of said contract, made and entered into in the manner above prescribed, to employ, or to rent lands to, or to furnish lands to be cropped by said employee, tenant or cropper, or to disturb in any way said relation, without first obtaining the written consent of said employer, landlord or landowner, as the case may be.
Sec. 2. Any person violating the provisions of the foregoing section Penalty. shall at the option of the party alleged to have been injured, be prosecuted as for a misdemeanor, and upon conviction punished as provided in section 1039 of the Penal Code, or he shall be liable in damages to said alleged injured party, as follows: (1) In case of employer and employee, the damages shall not be less than double the amount of wages or salary for the entire period of said contract. (2) In case of landlord and tenant, or of landowner and cropper, the damages shall not be less than double the annual rental value of the lands rented or cropped, said value to be fixed at 1,000 pounds of middling lint cotton to the plow.
Sec. 3. In addition to other defenses, the following defenses in both civil and criminal cases arising under the provisions of this act shall be good and sufficient, when proved in every item to the satisfaction of the jury, to wit:
1. For the defendant to show that prior to the alleged violation of this act said employee, tenant or cropper, as the case may be, had for good reason and just cause abandoned his said contract and terminated the relation created thereby.
2. For the defendant to show as a complete defense all of the following facts, to wit: That prior to employing or otherwise contracting with said employee, tenant or cropper, he received from said employee, tenant or cropper an affidavit to the effect that said employee, tenant or cropper was not at the time under a prior existing contract, which affidavit defendant shall show to the court, and that immediately on proof that said employee, tenant or cropper was under contract defendant discharged him, and refused to permit and did not permit him to remain on his (defendant's) premises.
Whenever in a suit for the recovery of damages the defendant shall urge his defense successfully, he shall have judgment against the plaintiff for all costs and reasonable attorney's fees, and in case of a like result in the prosecution of a criminal case under the provisions of this act, the defendant shall have a like judgment against the prosecutor.
Sec. 4. The provisions of this act shall not apply where the employ. Application of ment given is of such duration and of such nature as to make it certain law. that it could not result in injury to the plaintiff or prosecutor.
ACTS OF 1902.
Act No. 96.- Emigrant agents.
(Page 20.) SECTION 2.
The following specific taxes shall be levied and collected for each of said fiscal years:
Agents to be Tenth.-Upon each emigrant agent, or employer or employee of such taxed.
agents, doing business in this State, the sum of five hundred dollars for each county in which such business is conducted.
This provision, embodied in the tax law of 1898, was held to be constitutional. 21 Sup. Ct. Rep. 128.
ACTS OF 1903.
Act No. 345.-Contract of employment with intent to defraud.
(Page 90.) Fraudulently
SECTION 1. From and after the passage of this act if any person shall procuring ad-contract with another to perform for him services of any kind with
intent to procure money, or other thing of value thereby, and not to perform the service contracted for, to the loss and damage of the hirer; or after having so contracted, shall procure from the hirer money or other thing of value, with intent not to perform such service, to the loss and damage of the hirer, he shall be deemed a common cheat and swindler, and upon conviction shall be punished as prescribed in section 1039 of the Code.
SEC. 2. Satisfactory proof of the contract, the procuring thereon of money or other thing of value, the failure to perform the services so contracted for, or failure to return the money so advanced with interest thereon at the time said labor was to be performed, without good and sufficient cause and (with) loss or damage to the hirer, shall be deemed presumptive evidence of the intent referred to in the preceding section.
ACTS OF U. S. CONGRESS, 1897-98.
Joint RESOLUTION No. 55.- Exclusion of Chinese laborers. Chinese immi. SECTION 1.
There shall be no further immigration of gration
re- Chinese into the Hawaiian Islands, except upon such conditions as stricted.
are now or may hereafter be allowed by the laws of the United States; and no Chinese, by reason of anything herein contained, shall be allowed to enter the United States from the Hawaiian Islands.
ACTS OF U. S. CONGRESS, 1899–1900.
CHAPTER 339.--Contracts of employment-Alien Inbor. Specific per- SECTION 10.
Provided, That no suit or proceedings shall formance of la- be maintained for the specific performance of any contract heretofore
or hereafter entered into for personal labor or service, nor shall any remedy exist or be in force for breach of any such contract, except in a civil suit or proceeding instituted solely to recover damages for such breach: Provided further, That the provisions of this section shall not modify or change the laws of the United States applicable to merchant
All contracts made since August twelfth, eighteen hundred and ninety-eight, by which persons are held for service for a definite term, are hereby declared null and void and terminated, and no law shall be passed to enforce said contracts in any way; and it shall be the Juty of the United States marshal to at once notify such persons so held of the termination of their contracts.
seamen. Certain contracts null
The act approved February twenty-six, eighteen hundred and eighty-five, "To prohibit the importation and migration of foreigners labor. and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia,” and the acts amendatory thereof and supplemental thereto, are hereby extended to and made applicable to the Territory of Hawaii.. [For law, see under United States, title 29, Alien contract labor, post. ]
CHAPTER 339.—Collection of statistics. Section 76. * * * It shall be the duty of the United States Com- Statistics of la
bor, etc. missioner of Labor to collect, assort, arrange, and present in annual reports statistical details relating to all departments of labor in the Territory of Hawaii, especially in relation to the commercial, industrial, social, educational, and sanitary condition of the laboring classes, and to all such other subjects as Congress may, by law, direct. The said cominissioner is especially charged to ascertain, at as early a date as possible, and as often thereafter as such information may be required, the highest, lowest, and average number of employees engaged in the various industries in the Territory, to be classified as to nativity, sex, hours of labor, and conditions of employment, and to report the same to Congress.
CHAPTER 339.- Registration of Chinese. SECTION 101. Chinese in the Hawaiian Islands when this act takes Certificates of
ACTS OF U. S. CONGRESS, 1901–2.
CIVIL LAWS OF 1897.
CHAPTER 64.-Contracts of employment—Stamp duties. Section 918. From and after the coming into operation of this act, Stamp duty. there shall be due and payable to the government [of the Territory] in respect of the several deeds, documents, and instruments mentioned and specified in the schedule hereinunder written, the several sums of money for stamp duty set forth in the said schedule. SEC. 941. Schedule.
Contracts between masters and servants for labor, $1. If for more than one year, then for each year or part of a year after
Labor the first, $1. (This duty to be charged on the original and duplicate copies, fifty cents on each copy for each year, or fractional part thereof, of the term of the contract, and to be paid by the employer.)
CHAPTER 123.- Earnings of married women.
Earnings sepSECTION 1886. All work and labor performed, or services rendared, arate property. by a married woman for or to a person other than her husband and children, shall, unless there is an express agreement on her part to the contrary, be presumed to be performed or rendered on her separate account.
CHAPTER 138.-Labor commission. Labor commis- SECTION 2146 (as amended by chapter 339, Acts of U. S. Congress, sion.
1899–1900).—The governor of the Territory is hereby authorized and directed to appoint a commission of three persons, who shall be known as the “ Labor commission,” and all of whom shall serve without pay. One of the commissioners shall be designated by the governor to be chairman of the commission, and shall have power to administer oaths. Members of the commission may be removed at any time by
the governor. Duties. Sec. 2148 (as amended by chapter 339, Acts of U. S. Congress, 1899–
1900).-It shall be the duty of the said commission to make a full and careful inquiry and investigation into the following matters, so far as the same shall not have been done by the labor commission provided for in Act IV of the executive and advisory councils of the Republic, and to report from time to time to the legislature, if the same shall be in session, or to the executive council if the legislature shall have adjourned:
i. The number and nationality and residence of all agricultural laborers now employed in the Territory, showing the number engaged in each particular branch of agriculture.
2. The rate of wages paid to the different nationalities of such laborers in the different portions of the Territory.
3. The number, nationality and residence of all mechanics now employed in the Territory.
4. The rate of wages paid to the different nationalities of such mechanics in the different portions of the Territory.
5. The prices received by Hawaiian sugar planters for raw sugar.
6. The cost of producing sugar, showing, so far as practicable, the cost of each stage and process, and showing more particularly the proportionate cost of unskilled labor.
7. Whether or not an increased number of agricultural and other unskilled laborers will be needed in the near future, and if so, in connection with what industries and how many laborers will probably be required.
8. The trials which have been given to cooperative production, or profit sharing, in the production of sugar, rice or other agricultural products in this country, giving, so far as practicable, the details of the several agreements and methods adopted, and the results thereof.
9. Whether or not a system of cooperative production or profit sharing is feasible in connection with the main agricultural industries of the country; and if so, upon what lines.
10. Whether or not such a system of production has ever been adopted in any other country situated similarly to Hawaii, and in the production of similar products to those produced here; and if so, what the results were.
11. Whether or not there is anything in the climatic or other conditions in this.country which render it physically impossible for Europeans and Americans to successfully engage in field labor in this country.
12. if Europeans and Americans are found capable of personal field labor, whether or not it is feasible to secure the immigration of a sufficient number of Europeans or Americans to supply the present and probable requirements for unskilled labor. If so, upon what terms and by what means, and from what countries.
13. What the effect of Chinese immigration has been in this country. 14. What the effect of restriction of such immigration has been.
15. Whether or not it is necessary or advisable to allow the further immigration of Chinese. If so, upon what conditions.
16. What the effect of Japanese immigration has been in this country.
17. Whether or not it is necessary or advisable to allow the further immigration of Japanese. If so, upon what conditions.
18. What the condition of field labor and of mechanics is and during the last few years has been in this country, as compared with other countries.
19. What rate of wages is paid in other countries to skilled and mechanical labor in the production of products similar to those raised here.