Nevada.-Public buildings or structures when contract price is over $500, Acts of 1913, chapter 264. New Jersey.-Public works, Acts of 1911, No. 375. New York.-Canal construction, Consolidated Laws of 1909, chapter 5, section 145; chapter 59, section 57. North Dakota.-Public works, Revised Codes of 1905, sections 6252 to 6255. Oregon.-Public works, Oregon Laws of 1910, section 6266; amended, Acts of 1913, chapter 27. Tennessee.-Public works, Shannon's Supplement, page 610. Vermont.-Railroad construction, Public Statutes of 1906, section 4411. Washington.-Public works (general), Codes and Statutes of 1910, sections 1159 to 1162, 2604. Wisconsin.-Public works, Wisconsin Statutes of 1911, section 3327a. Wyoming.-Irrigation work and railroads, Compiled Statutes of 1910, sections 3823 to 3828. United States.-Public works. Compiled Statutes, page 2523; Acts of 1904–5, chapter 778. LIABILITY OF STOCKHOLDERS OF CORPORATIONS FOR WAGE DEBTS DUE EMPLOYEES. The following States make stockholders in the designated corporations liable for debts owed employees for labor: Indiana.-Manufacturing and mining corporations, Annotated Statutes, edition of 1901, section 5077; railroad corporations, section 5198; union railroad corporations, sections 5231, 5249; steam packet companies, section 5449; navigation companies, section 5449n; street railway companies, section 5471. Massachusetts.-Business corporations generally, Acts of 1903, chapter 437, section 33; labor and material used in constructing railroads, Acts of 1906, Part II, sections 218 to 222. Michigan.-Corporations and joint stock associations generally, Constitution, article 15, section 7. Statutes have been passed in furtherance of the above provision relating to a number of specified classes of corporations. Missouri.-Railroad companies, on the observance of the prescribed formalities, Revised Statutes of 1909, section 3075. New Jersey.-Railroad companies, but not in excess of their liability to the contractor, Compiled Statutes of 1911, page 4253, section 79. New York.-Stock companies generally, Consolidated Laws of 1909, page 4011; railroad companies, on the observance of prescribed formalities, page 3269. North Carolina.-Railroad companies, Revisal of 1905, section 2556. North Dakota.-Corporations engaged in mining, manufacturing, and industrial pursuits, Revised Codes of 1905, section 4517. Oklahoma-Mining and manufacturing corporations, Revised Laws of 1910, section 1362. Pennsylvania.-Corporations generally, Brightly's Purdon's Digest, 1895, page 423. A number of classes of corporations are also designated in separate laws. South Dakota.-Mining and manufacturing companies and other industrial pursuits, Civil Code, section 783. Tennessee.-Corporations generally, Shannon's Supplement of 1904, page 351, section 1p. A number of classes of corporations are also designated in separate laws. Wisconsin.-Every corporation other than railroads, Statutes of 1911, section 1769. EARNINGS OF MARRIED WOMEN. The individual earnings of married women are by statute secured to their personal disposition and control in the following jurisdictions: Alabama.-Code of 1907, section 4487. Alaska.-Compiled Laws of 1913, section 490. Arkansas.-Digest of 1904, section 5214. California.-Civil Code of 1906, section 168. Colorado.-Revised Statutes of 1908, section 4183. Illinois. Revised Statutes of 1905, chapter 68, section 7. Kansas.-General Statutes of 1909, section 4875. Maine.-Revised Statutes of 1903, chapter 63, section 3. Minnesota.-Revised Laws of 1905, section 3606. Montana.-Revised Codes of 1907, sections 3703, 3705. New Hampshire.-Public Statutes, 1891, chapter 176, section 1. New Mexico.-Acts of 1907, chapter 37. New York.-Consolidated Laws of 1909, chapter 14, section 60. North Carolina.-Constitution, article 10, section 6; Revisal of 1905, section 2093; Acts of 1913, chapter 13. North Dakota.-Revised Codes of 1905, section 4082. Oklahoma.-Revised Laws of 1910, section 3357. Pennsylvania.-Brightly's Purdon's Digest, 1895, page 1301. Porto Rico.-Civil Code, section 1314. Rhode Island.-General Laws of 1909, chapter 246, section 1. South Carolina.-Civil Code of 1912, section 3759. South Dakota.-Constitution, article 21, section 5; Civil Code, section 102. Texas.-Revised Civil Statutes of 1911, section 4622, amended by Acts of 1913, chapter 32. Utah.-Compiled Laws of 1907, section 1201. Vermont.-Public Statutes of 1906, section 3040. Virginia.-Code of 1904, section 2286a. Washington.-Codes and Statutes of 1910, section 5920. West Virginia.-Code of 1899, chapter 66, section 12. Wyoming. Compiled Statutes of 1910, section 3912. EXEMPTION OF MECHANICS FROM THE REQUIREMENT OF PROCURING A PEDDLER'S LICENSE. The States which require peddlers generally to procure a license before engaging in their business, but which exempt persons selling goods of their own manufacture from this requirement, are as follows: Arkansas.-Digest of 1904, sections 6876, 6877. Delaware.-(New Castle County) Acts of 1911, chapter 180, section 7. Louisiana.-Acts of 1898, No. 171 (amended by act No. 49, Acts of 1904). Massachusetts.-Revised Laws of 1902, chapter 65, section 15 (amended by chapter 345, Acts of 1906). Michigan.-Compiled Laws of 1897, section 5330 (amended by chapter 120, Acts of 1905). Montana.-Revised Codes of 1907, sections 2765, 2767. New Hampshire.-Acts of 1897, chapter 76 (amended by chapter 114, Acts of 1907). North Carolina.-Revisal of 1905, section 5150. Ohio.-General Code of 1910, section 6355. Pennsylvania.-Brightly's Digest, 1893-1903, page 711. Rhode Island.-General Laws of 1909, chapter 191, section 12. TRADE-MARKS OF TRADE-UNIONS. The laws of a number of States secure to labor organizations the right to register, use, and protect from counterfeit or unauthorized use the trade-marks or labels chosen by them to distinguish the products of union labor from other goods or manufactured articles. The law of the State of Connecticut on this subject is reproduced herewith, as being fairly representative of laws of this class: Trade-marks of trade-unions. lawful. u n SECTION 4907 (as amended by chapter 151, Acts of 1907). When- Counterfeltever any person, or any association or union of workingmen, has ing, etc., heretofore adopted or used, or shall hereafter adopt or use, any label, trade-mark, term, design, device, or form of advertisement for the purpose of designating, making known, or distinguishing any goods, wares, merchandise, or other product of labor as having been made, manufactured, produced, prepared, packed, worked upon, or put on sale by such person or association or union of workingmen, or by a member or members of such association or union, and shall have recorded such label, trade-mark, term, design, device, or form of advertisement as hereinafter provided in section three of this act, it shall be unlawful for any person or corporation to counterfeit or imitate such label, trade-mark, term, design, device, or form of advertisement, or to use, sell, offer for sale, or in any way utter or circulate, any counterfeit or imitation of such label, trade-mark, term, design, device, or form of advertisement. Every person willfully and knowingly violating any provision of this section shall be fined not less than one hundred dollars nor more than two hundred dollars, or imprisoned not less than three months nor more than one year, or both. Label may be SEC. 4909 (as amended by chapter 151, Acts of 1907). Every such person, association, or union that has adopted or shall adopt filed. a label, trade-mark, term, design, device, or form of advertisement, as aforesaid, may file the same for record in the office of the secretary of the state by leaving two copies, counterparts, or facsimiles thereof, with the secretary of the state. Said secretary shall deliver to such person, association, or union so filing the same a duly attested certificate of the record of the same. Such certificate of record, or a duly certified copy thereof, shall, in all suits and prosecutions under sections 4907, 4910, and 4911 as amended, and section 4912, be sufficient proof of the adoption of such label, trade-mark, term, design, device, or form of advertisement, and of the right of said person, association, or union to adopt the same. No label shall be recorded that would probably be mistaken for a label already of record. All records or certificates of the record of labels, trade-marks, terms, designs, devices, or forms of advertisement which may, prior to the passage of this act, have been made or delivered in compliance with, or in attempted compliance with, sections 4907 and 4909 of the General Statutes, are hereby validated and shall have the same force and effect as if made or delivered under and pursuant to the provisions of this act. etc. Enjoining SEC. 4910 (as amended by chapter 151, Acts of 1907). Every such person, association, or union adopting a label, trade-mark, counterfeits, term, design, device, or form of advertisement, as aforesaid, and having duly recorded the same as hereinbefore provided, may enjoin the manufacture, use, display, or sale of any counterfeit 39387°-Bull. 148-14-6 Unauthorized use of label; Of name or seal. or imitation thereof, or the sale of goods bearing any counterfeit or imitation thereof, either in its identical form, or in such near resemblance thereto as is calculated or liable to deceive; and all courts having jurisdiction thereof shall grant injunctions to restrain such manufacture, use, display, or sale, and shall award the complainant in such suit, such damages, resulting from such wrongful manufacture, use, display, or sale, as may by said court be deemed just and reasonable, and shall require the defendants to pay to such person, association, or union the profits derived from such wrongful manufacture, use, display, or sale; and such court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court or to the complainant to be destroyed. SEC. 4911 (as amended by chapter 151, Acts of 1907). Every person who shall use or display the genuine label, trade-mark, term, design, device, or form of advertisement of any such person, association, or union, which shall have been duly recorded as hereinbefore provided, in any manner not authorized by such person, union, or association, knowing that such use or display is not so authorized, shall be fined not less than one hundred nor more than two hundred dollars, or imprisoned not less than three months nor more than one year, or both. In all cases where such association or union is not incorporated, suits under sections 4907 and 4910 as amended, section 4912, and this section may be commenced and prosecuted by any officer or member of such association or union, in behalf of and for the use of such association or union. SEC. 4912. Every person who shall in any way use the name or seal of any such person, association or union, or officer thereof, in and about the sale of goods or otherwise, not being authorized to so use the same, and knowing that such use is unauthorized, shall be fined not less than one hundred nor more than two hundred dollars, or imprisoned not less than three months nor more than one year, or both. Laws of the same general effect are found in the following States: Alabama.-Code of 1907, sections 7322, 7323. Arizona.-Penal Code, sections 314 to 318. Arkansas.-Acts of 1905, act No. 309 (amended by chapter 131, Acts of 1909). California.-Political Code of 1906, sections 3200, 3201; Penal Code of 1906, sections 349a to 351 (amended by chapter 181, Acts of 1911). Colorado.-Mills' Supplement of 1904, sections 29851 to 2985s. Connecticut.-General Statutes of 1902, sections 4907 to 4912 (amended by chapter 151, Acts of 1907). Delaware. Acts of 1899, chapter 266. Florida.-General Statutes of 1906, sections 3169 to 3172. Georgia.-Code of 1910, sections 1989 to 1992. Idaho.-Revised Codes of 1908, sections 1449 to 1455. Illinois. Revised Statutes of 1905, chapter 140, sections 1 to 7. Indiana.-Annotated Statutes, revision of 1901, sections 8693 to 8703; Acts of 1905, chapter 169, section 685. Iowa.-Code of 1897, sections 5049 to 5051. Kansas.-General Statutes of 1909, sections 9675 to 9680. Kentucky.-Statutes of 1903, sections 4749 to 4755. Louisiana.-Acts of 1898, act No. 49. Maine. Revised Statutes of 1903, chapter 40, sections 30 to 36. Maryland.-Public General Laws of 1903, article 27, sections 43 to 48. Michigan.-Compiled Laws of 1897, sections 11681 to 11686 (amended by chapter No. 279, Acts of 1913). Minnesota.-Revised Laws of 1905, sections 5072 to 5076. Missouri.-Revised Statutes of 1909, sections 11789 to 11796; Acts of 1913, pages 763 to 765. Montana.-Penal Code of 1907, sections 8452 to 8457. Nebraska.-Code of 1911, sections 6944 to 6951. Nevada.-Revised Laws of 1912, sections 4635 to 4637, 6691 to 6694. New Jersey.-Compiled Statutes of 1910, pages 1802, 5643 to 5648. New York.-Consolidated Laws of 1909, chapter 31, sections 15 and 16. Ohio.-General Code of 1910, sections 6219 to 6227, 13102, 13103, 13153 to 13155; Acts of 1911, page 420. Oklahoma.-Revised Laws of 1910, sections 8211 to 8217. Oregon.-Annotated Codes and Statutes of 1902, sections 1841 to 1848. South Dakota.-Political Code, 1903, sections 3190 to 3195. Texas.-Revised Civil Statutes of 1911, articles 705, 706; Revised Criminal Code, articles 1395, 1396. Utah.-Compiled Laws of 1907, sections 2720 to 2723, 4482, 4483. Vermont.-Public Statutes of 1906, sections 4962 to 4967; Acts of 1908, No. 121. Washington.-Codes and Statutes, 1910, sections 9492 to 9500. Wyoming.-Compiled Statutes of 1910, sections 3439 to 3444. RIGHT OF ACTION FOR INJURIES CAUSING DEATH. Under the common law, while an injured person who survived the accident might recover damages from the person or persons whose negligence caused the same, no recovery was allowed where the injury resulted in death. The reason given was that "there is no mode of estimating compensation for the death of a man." An English law of 1846, known as "Lord Campbell's Act," gave to surviving beneficiaries a right to sue for damages suffered by the death of the injured person, and laws of this kind now exist in most of the jurisdictions of the United States. While not labor laws in form, perhaps their most important application is to cases of injured employees whose surviving dependents are given thereby a right of action which they would not otherwise have. The legislatures of the several States are not uniform in their enactments as to whether or not punitive or exemplary damages are recoverable under their acts, but only such rights can be enforced as the statutes provide. The amount recoverable is fixed by the statutes of some States, while New York, Oklahoma, Pennsylvania, Utah, and Wyoming declare in their constitutions that the amount recoverable shall not be restricted. Expressions frequently used are "such damages as may be fair and just," or "such damages as the jury may assess." Of the States fixing a maximum, that of Massachusetts is the lowest, $4,000, though the sum may be $5,000 if there was conscious suffering prior to the death. Porto Rico has a limit of $3,000. The largest limit named is $10,000, which is fixed by the laws of the District of Columbia, Illinois, Indiana, Kansas, Missouri, Ohio, Virginia, West Virginia, and Wisconsin. In Oregon the amount recoverable is limited to $7,500 and in New Hampshire to $7,000. Arizona, Colorado, Connecticut, Maine, Minnesota, and Wyoming limit recovery to a maximum of $5,000. In other States no sum is named. |