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through or by means of false or deceptive representations, false advertising or false pretenses concerning the kind and character of the work to be done, or amount and character of the compensation to be paid for such work, or the sanitary or other conditions of the employment, or as to the existence or nonexistence of a strike or other trouble pending between employer and employees, at the time of or 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 troubles at the place of the proposed employment, when in fact such strike, lockout or other labor trouble then actually exists at such place, shall be deemed as false advertisement and misrepresentation for the purposes of this act.
Sec. 2. Any person or persons, company, corporation, society, association or organization of any kind doing business in this Štate, as well as his, their or its agents, attorneys, servants or associates, found guilty of violating section 1 of this act, or any part thereof, shall be fined not exceeding $2,000 or confined in the county jail not exceeding one year, or both, where the defendant or defendants is or are a natural person or persons.
Sec. 3. Any person or persons who shall, in this or another State, hire, aid, abet or assist in hiring, through agencies or otherwise, persons to guard with arms or deadly weapons of any kind other persons or property in this State, or any person or persons who shall come into this State armed with deadly weapons of any kind for any such purpose, without a permit in writing from the governor of this state, shall be guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary not less than one year nor more than five years: Provided, That nothing contained in this act shall be construed to interfere with the right of any person, persons, or company, corporation, society, association or organization in guarding or protecting their private property or private interests as is now provided by law; but this act shall be construed only to apply in cases where workmen are brought into this State, or induced to go from one place to another in this State, by any false pretenses, false advertising or deceptive representations, or brought into this state under arms, or removed from one place to another in this State under arms.
SEC. 4. Any workman of this State, or any workman of another State who has or shall be influenced, induced or persuaded to engage with any persons mentioned in section 1 of this act, through or by means of any of the things therein prohibited, each of such workmen shall have a right of action for recovery of all damages that each of such workmen has sustained in consequence of the false or deceptive representations, false advertising and false pretenses used to induce him to change his place of employment, against any person or persons, corporations, companies or associations directly or indirectly causing such damages; and, in addition to all actual damages such workmen may have sustained, shall be entitled to recover such reasonable attorney's fees as the court shall fix, to be taxed as costs in any judgment recovered.
ANNOTATED STATUTES OF 1901.
Boycotting. SECTION 3312m.—Any person, firm or association of persons who shall make any contract or enter into any agreement or make any combination or enter into any arrangement, directly or indirectly, to induce, procure or prevent any wholesale or retail dealer in or manufacturer of merchandise or of supplies or of material or article intended for trade or used by any mechanic, artisan or dealer in the prosecution of his business from selling such supplies to any dealer or to any mechanic or artisan; and any dealer in or manufacturer of such supplies or material or article of trade or supplies or material to be used by any mechanic, artisan or dealer who shall be a party, directly or indirectly, to any such contract, combination or arrangement, or who shall upon the request of any party to any such contract, combination or arrangement refuse to sell such articles of trade, supplies or materials, or articles sold by any dealer or used by any mechanic, or artisan, to any such person or persons who may require them in the prosecution of their said business, for the reason that said dealer, mechanic or artisan is not a member of a combination or association of persons, shall be guilty of conspiracy against trade. And all such contracts, agreements, combinations or arrangements shall be void and of no effect whatever in law.
SEC. 3312n. Any person or persons, firm or association of individuals, or any individual connected therewith, who shall be responsible for the making of any such contract, agreement or combination or arrangement, or shall be a party to any such contract, combination or arrangement, or that shall take any part iherein, as set out in section 1 of this act (sec. 3312m), shall, upon conviction thereof in any court of competent jurisdiction, be punished by a fine of not less than fiity dollars nor more than two thousand dollars, to which may be added imprisonment in the county jail for any period not exceeding one year.
Sec. 33120. Each and every person, firm or association of persons who shall in any manner violate the provisions of this act shall, for each and every day that such violation shall be committed and continued after due notice given by the party interested [to the attorney-general or prosecuting attorney, forfeit and pay the sum of fifty dollars, which may be recovered in the name of the State on the relation of the party injured or on the relation of the prosecuting attorney in any county where the offense is committed or where the offender or offenders reside. And it shall be the duty of the prosecuting attorney of any county to prosecute any such action, and he shall be entitled to a fee of twenty-five dollars to be taxed against the defendant, in the event of recovery, as a part of the costs of said action. Any such action may be taken in any circuit or superior court of the county in which the defendant resides or in which he is engaged in business.
Sec. 3312p. Any person who shall by any such contract or combination as set out in section 1 of this act [sec. 3312m), be injured or damaged in his business thereby, or by reason of anything forbidden or declared by this act to be unlawful, may maintain a suit therefor in any court having jurisdiction thereof in the county where the defendant resides or in which he is engaged in business, or in any county where service may be obtained, without respect to the amount in controversy, and the plaintiff in any such action shall be entitled to recover all his costs and a reasonable attorney's fee therein.
SEC. 33129. Whenever it shall appear to the court before which any proceedings under this act may be pending, that the ends of justice require that other parties shall be brought before the court, said court may cause them to be made parties defendant and cause them to be served by the process of court as now required by law in such cases provided, whether they reside in the county where said action is pending or not.
Blacklisting, etc. SECTION 7076. If any person, agent, company or corporation, after having discharged any employee from his or its service, shall prevent, or attempt to prevent, by word or writing of any kind, such discharged employee from obtaining employment with any other person, company or corporation, such person, agent or corporation shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars nor less than one hundred dollars, and such person, agent, company or corporation shall be liable in penal damages to such discharged person, to be recovered by civil action; but this section shall not be construed as prohibiting any person or agent of any company or corporation from informing in writing any
person, company or corporation to whom such discharged person or employee has applied for employment, a truthful statement of the reason for such discharge.
Sec. 7077. If any railway company or any other company or partnership or corporation in this State shall authorize, allow or permit any of its or their agents to blacklist any discharged employees, or attempt by words or writing, or any other means whatever, to prevent such discharged employee, or any employee who may have voluntarily lest said company's service, from obtaining employment with any other person, or company, said company shall be liable to such employee in such sum as will fully compensate him, to which may be added exemplary damages.
The provision in the above section relative to employees who have voluntarily left service is void, not having been expressed in the title of the act as required by the State constitution. 69 N. E. Rep. 1003.
Sec. 7078. It shall be the duty of any person, agent, company or corporation, after having dischar any employee from his or its service, upon demand of such discharged employee, to furnish him in writing a full, succinct and complete statement of the cause or causes of his discharge, and if such person, agent, company or corporation shall refuse so to do within a reasonable time after such demand, it shall ever after be unlawful for such person, agent, company or corporation to furnish any statement of the causes of such discharge to any person or corporation, or in any way to blacklist or to prevent such discharged person from procuring employment elsewhere, subject to the penalties prescribed in section 1 of this act [sec. 7076]: Provided, That said written cause of discharge, when so made by such person, agent, company or corporation at the request of such discharged employee shall never be used as the cause for an action for slander or libel, either civil or criminal, against the person, agent, comSec. 7087p. Proprietors, agents or managers of any manufacturing or mercantile establishment, mine or quarry, laundry, renovating works, bakery or printing office, are prohibited from discriminating against any person or persons, or class of labor seeking work, by posting notices or otherwise.
CODE OF 1897.
Blacklisting. SECTION 5027. If any person, agent, company or corporation, after having discharged any employee from his or its service shall prevent or attempt to prevent, by word or writing of any kind, such discharged employee from obtaining employment with any other person, company or corporation, except by furnishing in writing on request a truthful statement as to the cause of his discharge, such person, agent, company or corporation shall be punished by a fine not exceeding five hundred nor less than one hundred dollars, and shall be liable for all damages sustained by any such person.
SEC. 5028. If any railway company or any other company, partnership or corporation shall authorize or allow any of its or their agents to blacklist any discharged employee, or attempt by word or writing or any other means whatever to prevent such discharged employee, or any employee who may have voluntarily left saíd company's service, from obtaining employment with any other person or company, except as provided for in the preceding section, such company or copartnership shall be liable in treble damages to such employee so prevented from obtaining employment.
GENERAL STATUTES OF 1901.
Strikes of railroad employees, etc. SECTION 2374. If any locomotive engineer, in furtherance of any combination or agreement, shall willfully and maliciously abandon his locomotive, upon any railroad, at any other point than ihe regular schedule destination of such locomotive, he shalí. be fined not less than twenty dollars nor more than one hundred dollars, and confined not less than twenty days nor more than ninety days in the county jail.
Sec. 2375. If any person or persons shall willfully and maliciously, by any act or by means of intimidation, impede or obstruct, except by due process of law, the regular operation and conduct of the business of any railroad company, or other corporation, firm or individual in this State, or of the regular running of any locomotive engine, freight or passenger train of any such company, or the labor and business of any such corporation, firm or individual, he or they shall, on conviction thereof, be punished by a fine of not less than twenty dollars, nor more than two hundred dollars, and confined in the county jail not less than twenty days nor more than ninety days.
Sec. 2376. If two or more persons shall willfully and maliciously combine or conspire together to obstruct or impede by any act, or by means of intimidation, the regular operation and conduct of the business of any railroad company, or any other corporation, firm or individual in this State, or to obstruct, hinder or impede, except by due process of law, the regular running of any locomotive engine, freight or passenger train on any railroad, or the labor or business of any such corporation, firm or individual, such persons shall on conviction thereof be punished by a fine not less than twenty dollars nor more than two hundred dollars, and confined in the county jail not less than twenty days nor more than ninety days.
Sec. 2377. This act [secs. 2374-2377] shall not be construed to apply to cases of persons voluntarily quitting the employment of any railroad company, or such other corporation, firm or individual, whether by concert of action or otherwise, except as is provided in section one of this act (sec. 2374].
Blacklisting. SECTION 2421. Any employer of labor in this State, after having discharged any person from his service, shall not prevent or attempt to prevent hy word, sign or writing of any kind whatsoever any such discharged employee from obtaining employment from any other person, company or corporation, except by furnishing in writing,
Sec. 2422. Any employer of labor in this State shall, upon the request of a discharged employee, furnish in writing the true cause or reason for such discharge.
Sec. 2423. Any employer of labor, his agent or employee, who shall violate the provisions of this act shall be guilty of a misdemeanor, and shall upon conviction be fined for each offense the sum of one hundred dollars, and thirty days' imprisonment in the county jail.
Sec. 2424. Any person, firm or corporation found guilty of the violation of sections one and two of this act (secs. 2421 and 2422) shall be liable to the party injured to an amount equal to three times the sum he may be injured, and such employers of labor shall also be liable for a reasonable attorney fee which shall be taxed as part of the costs in the case.
STATUTES OF 1903.
Obstructing operation, injuring property, etc., of railroads. SECTION 802. It shall be unlawful for any person or persons to prevent, hinder or delay, or to attempt to prevent, hinder or delay, by violence, the transportation of freight or passengers in this State, by any individual, firm, company, corporation or association doing business in this State, or to interfere with, by violence, any person or agency engaged in the conduct of commerce and traffic in this state in such manner as to obstruct or impede the movement and conduct of such commerce or traffic; but nothing herein shall be construed to prevent any person, or class of persons, from quitting their employment at any time they see proper.
Sec. 803. And it shall be unlawful for any person or persons to prevent or hinder, or attempt to prevent or hinder, by coercion, intimidation, or any trespass or violent interference therewith, the free and lawful use of his or its property, by any individual, firm. company, corporation, or association engaged in the business of transporting freight and passengers, and in the conduct of commerce and traffic in this State, or the free and lawful use of said property by any agent or employee of the owner thereof.
SEC. 804. Whoever shall violate the provisions of either of the two preceding sections shall be deemed guilty of a misdemeanor, and, upon conviction by any court of competent jurisdiction, shall be punished for each offense by a fine of not less than twentyfive nor more than two hundred dollars, or by imprisonment in the county jail of the county wherein the offense is committed not less than ten days nor more than six months, or shall be both so fined and imprisoned, in the discretion of the jury.
REVISED LAWS OF 1897.
Intimidation of crew of steamboat, etc.
SECTION 944. Any person or persons who may, by violence or threats or in any manner intimidate and prevent another from shipping upon any steamboat within this State, or who shall ihus interfere with or prevent any person who is one of the crew of a steamboat from discharging his or her duty, or unlawfully interiere with any laborer who may be taking on board or discharging cargo from a steamboat within the State of Louisiana, shall be deemed guilty of a misdemeanor, and, upon conviction before any justice of the peace of this State or recorder of the city of New Orleans, be fined not less than twenty dollars and costs of prosecution, and imprisoned not less than twenty days in the parish jail.
Sec. 945. Any person who may ship upon a steamboat in the customary manner to do service on said boat, either by the month or voyage, in the capacity of an officer, engineer, pilot, clerk, mate, carpenter, cook, steward, cabin boy, watchman, fireman, deck hand or laborer, who may abandon the boat before having fulfilled his engagements, or who may refuse to do his duty in the capacity for which he shipped or engaged to perform, before the completion of the voyage or the term o[f] his engigement, without lawful cause, shall, besides forfeiting all claims to the wages due for such service, be liable to the owner or owners of said steamer for any damages which
REVISED STATUTES OF 1903.
CHAPTER 124.--Strikes of railroad employees, etc. SECTION 6. Any employee of a railroad corporation who, in pursuance of an agreement or combination by two or more persons to do, or procure to be done, any act in contemplation or furtherance of a dispute between such corporation and its employees, unlawfully or in violation of his duty or contract, stops or unnecessarily delays or abandons, or in any way injures a locomotive or any car or train of cars on the railroad track of such corporation, or in any way hinders or obstructs the use of any
locomotive, car or train of cars on the railroad of such corporation, shall be punished by fine not exceeding five hundred dollars, or imprisonment in the State prison or in jail not exceeding one year.
Sec. 7. Whoever, by any unlawful act, or by any willful omission or neglect, obstructs or causes to be obstructed an engine or carriage on any railroad, or aids or assists therein; or whoever, having charge of any locomotive or carriage while upon or in use on any railroad, willfully stops, leaves or abandons the same, or renders, or aids or assists in rendering the same unfit for or incapable of immediate use, with intent thereby to hinder, delay, or in any manner to obstruct or injure the management and operation of any railroad, or the business of any corporation operating or owning the same, or of any other corporation or person, and whoever aids or assists therein, shall be punished by fine not exceeding one thousand dollars, or imprisonment in the State prison or in jail not exceeding two years.
Sec. 8. Whoever, having any management of, or control, either alone or with others, over any railroad locomotive, car or train, while it is used for the carriage of persons or property, or is at any time guilty of gross carelessness or neglect thereon, or in relation to the management or control thereof; or maliciously stops or delays the same, in violation of the rules and regulations then in force for the operation thereof; or abstracts therefrom the tools or appliances pertaining thereto, with intent thereby maliciously to delay the same, shall be punished by a fine not exceeding one thousand dollars, or imprisonment in the State prison or in jail not exceeding three years.
Sec. 9. Whoever, alone, or in pursuance or furtherance of any agreement or combination with others, to do, or procure to be done, any act in contemplation or furtherance of a dispute or controversy between a gas, telegraph, telephone, electric light, electric power or railroad corporation and its employees or workmen, wrongfully and without legal authority, uses violence towards, or intimidates any person, in any way or by any means, with intent thereby to compel such person against his will to do, or abstain from doing, any act which he has a legal right to do or abstain from doing; or, on the premises of such corporation, by bribery, or in any manner or by any means, induces, or endeavors or attempts to induce, such person to leave the employment and service of such corporation with intent thereby to further the objects of such combination or agreement; or in any way interieres with such person while in the performance of his duty; or threatens or persistently follows such person in a disorderly manner, or injures or threatens to injure his property with either of said intents, shall be punished by fine not exceeding three hundred dollars, or imprisonment not exceeding three months.
Sec. 10. Any person in the employment of a railroad corporation, who, in furtherance of the interests of either party to a dispute between another railroad corporation and its employees, refuses to aid in moving the cars of such other corporation, or trains in whole or in part made up of the cars of such other corporation, over the tracks of the corporation employing him; or refuses to aid in loading or discharging such cars, in violation of his duty as such employee, shall be punished by fine not exceeding five hundred dollars, or imprisonment in the State prison or in jail not exceeding one year.
CHAPTER 127.-Intimidation of employees. SECTION 21. Any employer, employee or other person, who by threats of injury, intimidation or force, alone or in combination with others, prevents any person from entering into, continuing in or leaving the employment of any person, firm or corporation, shall be punished by imprisonment for not more than two years, or by fine not