Freedom

in

per annum; and the chief clerk and stenographer fifteen hundred dollars per annum; and eighteen hundred dollars per annum shall be allowed for the incidental expenses of said department, including the actual traveling expenses of said commissioner, assistant and chief clerk, while traveling for the purpose of collecting information and statistics as provided in this act.

ACTS OF 1912.

Bonds of employees-Railroads, etc.

(Page 159.)

SECTION 1. From and after January 1st, 1913, no common carchoice of com- rier authorized to do business in this State when requiring of an panies. employee that he give bond or undertaking of any nature whatsoever shall require as surety thereon any one or more specific or certain bonding company or companies as surety thereon: Provided, however, That nothing herein shall be construed so as to prevent any common carrier from specifying the form or verbage [verbiage] of such bond.

Cancellation

on breach.

Violations.

SEC. 2. Any such employee who shall have given any such bond or undertaking, shall, upon the breach of any of the conditions thereof by the other party or parties thereto, have the power to cancel the same by giving the surety or sureties thereon and the common carrier for the benefit of whom same shall have been made at least ten days' notice in writing, setting out in full the reasons for cancelling same. Any such notice to a company, corporation or association may be served by leaving the same with any person upon whom service of legal process upon such company, corporation or association may be had. Any surety or [on] any such bond or undertaking shall, upon the breach of any of the conditions thereof by the common carrier employee for whom same shall have been made, have power to cancel the same by giving such employees at least ten days' notice in writing, setting out in full the reasons for cancelling same, the said notice to be signed by an agent or manager of such surety: Provided, That nothing therein shall effect [affect] any right of action accruing to any person upon the breach of a contract.

SEC. 3. Any person, officer or manager, company, corporation, association or firm who shall violate any of the provisions of this act shall be deemed guilty of misdemeanor and be punished as provided in section 1065 of the Penal Code of 1910.

HAWAII.

ACTS OF U. S. CONGRESS, 1899-1900-ORGANIC ACT.

CHAPTER 339.-Alien labor-Contracts of employment.

SECTION 10. *

Provided, That no suit or proceedings Specific per

of

shall be maintained for the specific performance of any contract formance labor 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 seamen.

Certain con

All contracts made since August twelfth, eighteen hundred and ninety-eight, by which persons are held for service for a definite tracts null. 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 duty of the United States marshal to at once notify such persons so held of the termination of their contracts.

Alien con

The act approved February twenty-six, eighteen hundred and eighty-five, "To prohibit the importation and migration of for- tract labor. eigners 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.

[The act named is repealed and superseded by chapter 1134, Acts of 1906-7. See under United States, post.]

Bureau of Labor-Collection of statistics.

SECTION 76 (as amended by chapter 948, Acts of 1903-4).

Statistics of

It shall be the duty of the United States Commissioner of Labor to collect, assort, arrange, and present in reports, in nineteen hun- labor, etc. dred and five, and every five years thereafter, 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 Commissioner is especially charged to ascertain 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.

Chinese labor-Registration.

SECTION 101. Chinese in the Hawaiian Islands when this act takes effect may within one year thereafter obtain certificates of residence as required by "An act to prohibit the coming of Chinese persons into the United States," approved May fifth, eighteen hundred and ninety-two, as amended by an act approved November third, eighteen hundred and ninety-three, entitled "An act to amend an act entitled 'An act to prohibit the coming of Chinese persons into the United States,' approved May fifth, eighteen hundred and ninety-two," and until the expiration of said year shall not be deemed to be unlawfully in the United States if found therein without such certificate: Provided, however, That no Chinese laborer, whether he shall hold such certificate or not, shall

Certificates of residence.

Proviso.

Semimonthly pay days.

'Aliens not to

Proviso.

be allowed to enter any State, Territory, or District of the United States from the Hawaiian Islands.

ACTS OF U. S. CONGRESS, 1901-2.

CHAPTER 641.-Chinese labor-Exclusion.

[See under United States, Acts of 1901-2, post.]

REVISED LAWS-1905.

Employment of labor on public works.

SECTION 120. The fifteenth and last days in each month shall be the pay days of all employees engaged in constructing or repairing roads, bridges or streets for the Territory of Hawaii.

SEC. 121. No person shall be employed as a mechanic or laborer be employed. upon any public work carried on by this Territory, or by any political subdivision thereof, whether the work is done by contract or otherwise, unless such person is a citizen of the United States, or eligible to become a citizen: Provided, however, That in the event that unskilled citizen labor, or unskilled labor eligible to become citizen labor, can not be obtained to do the required work, the superintendent of public works, or the county board of control, or the mayor, or other chief executive of any municipality, respectively, shall have the power to issue permits to employ other than citizen, or eligible to become citizen, unskilled labor until such citizen, or eligible to become citizen, unskilled labor can be obtained.

Hours of labor.

Contract.

Penalty.

Attendance

required.

Exceptions.

SEC. 122 (as amended by act No. 11, Acts of 1907). Eight hours of actual service on any working day, except on Saturday, on which day only five hours of actual service shall constitute a day's labor for all mechanics, laborers, clerks and other employees employed upon any public work or in any public office of this Territory, or any political subdivision thereof, whether the work is done by contract or otherwise.

SEC. 123. A stipulation that no mechanics, clerks, laborers or other employees employed upon any public work in the employ of the contractor or subcontractor shall be required to work more than eight hours in any one calendar day, except in cases of extraordinary emergency, and that no mechanic or laborer, other than a citizen of the United States, or person eligible to become a citizen, shall be employed, shall be contained in every contract to which the Territory or any political subdivision thereof is a party. SEC. 124. Any contractor, person, firm or corporation, or any officer of the Territory, or of any political subdivision thereof, violating any of the provisions of sections 121-124, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than ten dollars nor more than one hundred dollars for each offense. Any and each and every such violation shall be deemed a separate offense for each day thereof, and for each mechanic, clerk, laborer or other employee employed upon any public work, employed in violation of the provisions of said sections. Any contract or subcontract for any public work in this Territory that does not comply with the provisions of section 123 shall be absolutely void.

Employment of children-School attendance.

*

*

*

SECTION 212 (as amended by act No. 162, Acts of 1913). The attendance of all children from six to fifteen years of age, at either a public or private school, is obligatory, provided also, that such attendance shall not be compulsory in the following cases:

Fourth. Where any child of not less than the age of thirteen years shall have passed the required examination of both pri

mary and grammar school grades, as such requirements shall from time to time exist: Provided, He shall be suitably employed; Fifth. When any child of not less than fourteen years of age is suitably employed under the direction of his parent or guardian. Sixth. Where upon investigation by the juvenile court when feasible, or by the district magistrate it has been shown that for any other reason the child may properly remain away from school.

Tenement and lodging houses-Inspection, etc.

SECTION 1020. Every house or tenement used or occupied as a Roof, dwelling for lodgers or contract laborers shall be kept by its space, etc. owner in good repair, with roof water-tight, and shall have the capacity of not less than three hundred cubic feet of space for each adult, or nine hundred cubic feet for one man and woman and two children.

SEC. 1021. The yard and grounds about all dwellings shall be well drained and kept free from rubbish of every description, with a closet, or privy, also to be kept in repair by the lodginghouse keeper or employer of laborers, for every six adults.

SEC. 1022. Every owner or keeper and every other person having the care or management of a lodging house or of a dwelling for contract laborers, shall at all times when required by the board of health or its agents give free access to such house or any part thereof.

SEC. 1023. Every lodging-house keeper or employer of laborers who shall fail to comply with the provisions of this chapter shall pay a fine not exceeding fifty dollars.

Employers to furnish names of employees to tax officials.

air

Sanitation.

Access to be

given.

Penalty.

Duty of em

SECTION 1227. Each person liable to pay taxes and every owner or possessor of any property, real or personal, whether entitled ployers. to exemption or not, shall in the month of January of each year give in to the assessor or the deputy assessor of the district in which said property is located a written or printed taxation return, signed and sworn to by him, enumerating the following facts, viz:

4. The names and nationalities of all persons subject to taxation in the employ of such persons on January 1.

Contracts of employment-Stamp duties.

Stamps re

SECTION 1298. There shall be due and payable to the Territory in respect of the several deeds, documents, and instruments men- quired. tioned and specified in section 1320, the several sums of money for stamp duty set forth in the said section. SEC. 1320. * ** *

Contracts between masters and servants for labor------If for more than one year, then for each year or part of a year after the first-----

$1.00 tracts.
$1.00

Labor con

(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.)

SECTION 1418C (added by act No. 96, Acts of 1907). Every person, firm or corporation conducting an employment or intelligence office or advertising as an employment or intelligence agent shall pay an annual license fee of twenty-five dollars.

39387°-Bull. 148-14-32

License fee.

Written con

Exemption of wages from execution, etc.

SECTION 1831. The following described personal property shall be exempt from attachment, execution, distress and forced sale of every nature and description:

7. One-half of the wages due every laborer or person working for wages.

Garnishment of wages-Public employees.

SECTION 2128. Any officer or employee, or other person in the service of the government of the Territory of Hawaii or of any political of [or] municipal subdivision thereof, or in receipt of, or entitled to a salary, stipend, wages, annuity or pension from the government of said Territory, or any department, board or bureau thereof, or from any political or municipal subdivision of said Territory, shall for the purposes of this chapter, and of any proceedings hereunder, be known and described as a government beneficiary, hereinafter denominated such beneficiary.

SEC. 2129. The salary, stipend, wages, annuity or pension of such beneficiary may be attached for, and applied in the payment or his debts,

*

SEC. 2137. It shall not be incumbent upon such garnishee to appear in any court or file any answer to such process, but the trial of such suit may proceed, in all respects, as though such garnishee had not been included in the suit. But from the time of the service of such copy on such garnishee, it shall be unlawful for him to draw, sign or issue any warrant payable to the order of such beneficiary as shall be named in such copy, or to any other person designated by such beneficiary, or permit or cause the same to be drawn, signed or issued for more than seventy-five per cent of the salary, stipend, wages, annuity or pension, which shall then be or shall thereafter become due, owing or payable to such beneficiary, until the suit against him shall have been withdrawn or dismissed, or the judgment obtained against him therein, if any, shall have been fully paid, with legal interest thereon;

*

* *

Payment of wages-Deductions, offsets, etc.

SECTION 2698. It shall be unlawful for any person, firm, partnersent required. ship or corporation, within this Territory, to deduct and retain any part or portion of any wages due and payable to any laborer or employee, or to collect any store account, offset or counterclaim without the written consent of such laborer or employee or by action in court as provided by law.

Fines, offsets, etc.

Penalty.

Definition.

SEC. 2699. No fines, offsets or counterclaims shall be collected, deducted, or retained out of any wages due and payable to any laborer or employee by any person, firm, partnership or corporation, in this Territory, unless by action in court and judgment therefor first obtained as provided by law.

SEC. 2700. Any person, partnership, firm or corporation who shall violate any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars and not more than one hundred dollars.

Interference with employment-Conspiracy.

SECTION 3091. A conspiracy is a malicious or fraudulent combination or mutual undertaking or concerting together of two or more, to commit any offense or instigate anyone thereto, or charge anyone therewith; or to do what plainly and directly tends to excite or occasion offense, or what is obviously and directly wrongfully injurious to another:

For instance