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sider the demand for it, and at some time agree to it. The directors were not authorized in securing the renewal of the existing agreement to add new terms thereto; nor were they instructed to determine what would be a reasonable time after the expiration of the existing agreement within which to inaugurate the "eight-hour day," nor were they empowered to conclude a new agreement with the Typothetæ. If they succeeded in securing the consent of the Typothetæ to the renewal of the old agreement, with a declaration as to whether or not the "eight-hour day" would be agreed to, the instructions given them would be fulfilled, and their only remaining duty would be to report their action to the next convention. In their report it would have been proper to recommend what action, in their opinion, should be taken by the convention, giving their reasons therefor, but, under the instructions given them, final action could be taken only by the convention. The board of directors exceeded its authority in permitting new matter to be added to the renewal agreement, and in assuming power to bind the union by the agreement entered into by them with the Typothetæ.

As to the second point the court spoke as follows:

If the board of directors were authorized to enter into the agreement on behalf of the union can performance thereof by the men of the union be enforced by injunction? The agreement is not a contract of employment between members of the Typothetæ and men of the union, but is a contract between the two associations for the purposes hereinbefore stated. We are not advised of the terms of the employment of union men by members of the Typothetæ, except as to hours of labor. So far as we are advised by the pleadings and the evidence, they might at any time, without breach of the contract of employment, withdraw from the service of the Typothetæ. It is not shown that they agreed to work for any definite time, nor is there any provision in the agreement between the two associations fixing the time of service, and if, therefore, they should, at any time, with or without cause, withdraw from the service of members of the Typothetæ, they would be within their rights. As heretofore stated, the agreement was repudiated by the union at the Brighton Beach convention, and thereafter the men of the union, by a referendum vote, declared in favor of the inauguration of the "eight-hour day" on November 18, 1907, and its maintenance is now the established policy of the union, and the defendants, its officers, are charged with the duty of carrying it out, and pending the strikes incident thereto may the men employed by the Typothetæ be deprived of the advice and assistance of their officers and of strike benefits? The strike benefit fund is created by moneys deposited by the men with the general officers for the support of themselves and families in times of strikes, and the court has no more control of it than it would have over deposits made by them in the banks, and the attempt to enforce specific performance of the agreement by enjoining the officers from performing their functions can not be entertained. The court will not by indirect methods compel the men to continue in the service of the Typothetæ and work nine hours a day. The agreement only requires that, if they work at all, they shall work nine hours a day. There is no agreement that they shall continue in the service of the Typothetæ until January 1, 1909.

The bill will be dismissed, at the complainants' costs.

LAWS OF VARIOUS STATES RELATING TO LABOR, ENACTED SINCE JANUARY 1, 1904.

[The Tenth Special Report of this Bureau contains all laws of the various States and Territories and of the United States relating to labor, in force January 1, 1904. Later enactments are reproduced in successive issues of the Bulletin, beginning with Bulletin No. 57, the issue of March, 1905. A cumulative index of these later enactments is to be found on page 1037 et seq. of this issue.]

DELAWARE.

ACTS OF 1907.

CHAPTER 116.—Board of immigration—Contract laborers.

SECTION 3. The duties of said [immigration] commissioners shall be: First. To contract with and appoint an agent or agents in Europe and else where and subject to the methods as their judgment may direct, invite and encourage immigration to this State. Also to contract, in the name of the State, with laborers in foreign countries for the purpose of bringing said laborers to this State for agricultural purposes.

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SECTION 1. The commissioner of labor of the State of Minnesota is hereby directed to organize and establish in all cities in this State containing fifty thousand (50,000) inhabitants, or more, free public employment bureaus, for the purpose of receiving applications from persons seeking employment, and applications from employers desiring to employ labor. There shall be no fee or compensation charged or received, directly or indirectly, from persons applying for employment, or from those desiring to employ labor through said bureaus. There shall be appointed by the commissioner of labor, for such bureaus, one superintendent, who may be removed by the commissioner for good and sufficient cause, such appointment to be made immediately after this act becomes a law, and thereafter at the commencement of the biennial session of the legislature, the salary of such superintendent shall not exceed ($1,200) twelve hundred dollars per annum.

SEC. 2. The superintendent of such bureaus shall cause to be received and recorded in books to be kept for that purpose, the names of all persons applying for employment, as well as the name and address of all persons, firms or corporations applying to employ labor, designating opposite the name and address of each applicant the character of employment desired or offered. Such superintendent shall also perform such other duties in the collection of labor statistics, and in the keeping of books and accounts of such bureaus as the commissioner may direct or require, and shall report monthly all business transacted by such bureaus to the office of the commissioner of labor, at the State capitol. SEC. 3. Every application for employment by employer or employee which is made to the free employment bureaus shall be void after thirty days from its receipt, unless the same be renewed by the applicant. When an applicant for labor has secured the same, he shall within ten days thereafter notify the superintendent of such bureaus upon a notification card provided for that purpose. If any such applicant neglects to notify such superintendent, he or they shall be barred from all future rights and privileges of such employment 1021

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bureaus at the discretion of the commissioner of labor, to whom the superintendent shall report such neglect.

SEC. 4. There is hereby annually appropriated out of any money in the State treasury not otherwise appropriated, the sum of ten thousand ($10,000) dollars, or so much thereof as may be necessary to carry out the provisions of this act.

Approved April 13, 1907.

CHAPTER 202.-Safety appliances on railroads.

SECTION 1. On and after the first day of July, nineteen hundred and eight, it shall be unlawful for any railway company or common carrier, in moving freight between points in the State, to haul or permit to be hauled, or used on its line, any car not equipped with couplers, coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars.

SEC. 2. On and after the first day of July, nineteen hundred and eight, it shall be unlawful for any railway company or common carrier, in moving freight between points in the State, to use any car that is not provided with secure grab irons or hand holds in the ends and sides of each car for the greater security to men in coupling and uncoupling cars.

SEC. 3. Any railway company or common carrier violating any of the provisions of this act shall forfeit to the State one hundred dollars ($100) for each and every such violation.

Approved April 15, 1907.

CHAPTER 253.—Hours of labor of employees on railroads.

SECTION 1. It shall be unlawful for any railroad company within the State of Minnesota, or any of its officers or agents, to require or permit any employee engaged in or connected with the movement of any rolling stock, engine or train, to remain on duty more than sixteen consecutive hours, or to require or permit any such employee who has been on duty sixteen consecutive hours to perform any further service without having had at least eight hours' rest, or to require or permit any such employee to be on duty at any time to exceed sixteen hours in any consecutive twenty-four hours: Provided, however, That this section shall not apply to work performed in the protection of life or property in cases of accident, wreck or other unavoidable casualty: And, provided further, That it shall not apply to the time necessary for trainmen to reach a resting place when an accident, wreck, washout, snow blockade or other unavoidable cause has delayed their train.

SEC. 2. Any officer of any railroad company in the State of Minnesota violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than one hundred dollars ($100), and not more than five hundred ($500) for each offense, or by imprisonment in the county jail not more than sixty days, or both fine and imprisonment in the discretion of the court.

It shall be the duty of the State railroad and warehouse commission, upon complaint properly filed with it alleging a violation of this act, to make a full investigation in relation thereto, and for such purpose it shall have the power to administer oaths, interrogate witnesses, take testimony and require the production of books and papers, and if such report shall show a violation of the provisions of this act the commission shall, through the attorney-general, begin the prosecution of all parties against whom evidence of violation of the provisions of this act is found; but this act shall not be construed to prevent any other person from beginning prosecution for violation of the provisions hereof. Approved April 19, 1907.

CHAPTER 276.—Safety appliances on railroads.

SECTION 1. Whenever in the judgment of the railroad and warehouse commission it is necessary for the public safety, said commission may require, at all railroad crossings, junctions and drawbridges in said State, the establishment of interlocking devices, or such other safety appliances as are necessary for the protection and safety of the traveling public.

Where two or more railroad companies are interested, the division of the expense of installing, maintaining and operating said interlocking plant or safety device shall be agreed upon by the respective companies required to install the same; in case they can not agree, then such division shall be determined by the railroad and warehouse commission after a hearing.

SEC. 2. The commission may require any railroad company on any part of its line or lines operated in this State, to install and operate a "block signal system" or any other devise [device] or appliance that in its judgment will best promote the public safety.

SEC. 3. Any railroad company neglecting to comply with any order of the commission made under this act, shall be liable to a penalty of twenty-five dollars ($25) for each day such neglect shall continue, to be recovered in a civil action in the name of the State and paid into the general fund of the State treasury.

Approved April 22, 1907.

CHAPTER 290.-Accidents on railroads.

SECTION 1. Section 1, chapter 122, General Laws of 1905, is hereby amended so as to read as follows:

Section 1. It shall be the duty of every railroad company operating a line of railroad in this State to report all accidents, wrecks or casualties occurring in this State to the railroad and warehouse commission. This is intended to include all accidents, wrecks or casualties occurring in the operation of trains or engines on said line or lines of railway within this State, and all other accidents or casualties of whatever nature as may be required under rules adopted by the commission. Any reports to the commission herein required shall not be for public inspection.

All accidents or wrecks occurring in the operation of trains or engines involving loss of life or personal injury, shall be immediately reported to the commission by telegraph or telephone message, and the company shall forthwith send a written report in detail giving full particulars available in such form as the commission may require. All other accidents, including accidents resulting in personal injury or death, other than train accidents, shall be reported to the commission on the first day of each month, covering the preceding month.

SEC. 2. Section 2, chapter 122, is hereby amended so as to read as follows: Sec. 2. Whenever any report is made to the commission involving a wreck, accident or casualty, and the commission deems it necessary, it shall forthwith examine into the causes and circumstances of the same, and it shall thereupon be the duty of the commission to order such railroad company to comply with any reasonable requirement prescribed by the commission, calculated to prevent the recurrence of any such wreck, accident or casualty, and it shall be the duty of the commission to report to the legislature biennially a summarized statement of all wrecks, accidents or casualties reported, together with a recommendation of such additional legislation as it deems proper for the greater protection of passengers and employees of railroad companies. Approved April 22, 1907

CHAPTER 293.—Cooperative associations.

SECTION 1. Any cooperative association may be formed for the purpose of selling and otherwise disposing of any product of any manufacturing or agricultural cooperative association, organized under the provisions of section 3073, Revised Laws, 1905, or chapter 276 or 313, General Laws, 1905, and any amendments thereto. Its certificates of incorporation shall be filed for record with the secretary of state, and thereupon it shall become a corporation. majority of the incorporators thereof shall be residents of this State, and its duration, without renewal, shall not exceed twenty years.

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SEC. 2. Every such association shall have a president, a treasurer and not less than three directors, who shall together constitute a board of managers and conduct its business. Such officers shall be chosen annually by the stockholders, and shall hold their offices until others shall be chosen and qualified. The association shall make its own by-laws, not inconsistent with the law, and may herein provide for any other officers deemed necessary, and the mode of their selection. It may amend its articles of incorporation at any general

stockholders' meeting, or at any special meeting called for that purpose, upon ten days' notice to the stockholders. The amount of capital stock shall be fixed by the articles of incorporation, which amount and the number of shares may be increased or diminished at a stockholders' meeting, specially called for that purpose, but the whole amount of stock shall never exceed one hundred thousand dollars. Within thirty days after the adoption of the amendment increasing or diminishing its capital stock, it shall cause the vote so adopting it to be recorded in the office of the secretary of state. No share shall be issued for less than its par value, and no member shall own shares of a greater par value than one thousand dollars, or be entitled to more than one vote. It may commence business whenever 20 per cent of the authorized stock has been subscribed for and paid in, but no certificate of shares shall be issued to any person until the full amount of such subscription therein has been paid in cash, and no person shall become a shareholder therein except by the consent of the managers. If such board of managers, or the directors or officers having control of such association, for five consecutive years after its organization shall fail to declare a dividend upon its capital or shares, five or more stockholders, by petition, setting forth such fact, may apply to the district court of the county, wherein is situated its principal place of business in this State, for its dissolution. If, upon hearing, the allegations of the petition are found to be true, the court may adjudge a dissolution of the association. The profits on the earnings of such association shall be distributed to those entitled thereto by its by-laws and in proportions and at the times therein prescribed, which shall be as often as once in twelve months. Every corporation organized under the terms of this act shall, on or before December 30th, in each year, make a report to the State dairy and food commissioner; such report shall contain the name of the corporation, its principal place of business in this State, and generally a statement as to its business, showing total amount of business transacted, its profits and losses.

SEC. 3. Any corporation heretofore or hereafter organized under the provisions of section 3073, Revised Laws, 1905, or chapters 276 or 313, General Laws, 1905, is hereby authorized, in addition to those other powers to it granted, upon an affirmative vote of a majority of its stockholders, had at any regularly called annual or special meeting, to subscribe, through its officers, to the capital stock of any corporation organized under the provisions of this act, pay for the same and thereafter, in like manner, vote the same and exercise all the usual powers of a stockholder in a corporation, subject to the limitations hereinbefore set forth.

Approved April 22, 1907.

CHAPTER 299.-Employment of children-General provisions.

(See Bulletin No. 73, pp. 724-727.)

CHAPTER 356.-Bureau of labor industries and commerce.

(See Bulletin No. 73, pp. 888, 889.)

CHAPTER 368.-Employment offices.

SECTION 1. Section one thousand eight hundred and twenty-five (1825) of the Revised Laws of Minnesota, is hereby amended to read as follows:

Section 1825. Any person desiring to conduct an employment bureau or agency, and to receive compensation for his services, shall be entitled to a license therefor upon compliance with the conditions of this section; but this subdivision shall apply to the employment of males only. Application for such license shall be made to the council of the city or village in which the agency is to be established, or, if outside a city or village, to the county board, and the applicant shall pay into the treasury a fee of $100.00 (one hundred dollars). He shall also deliver to such council or board a bond to the State in the sum of two thousand ($2,000) dollars, conditioned for the payment of all damages sustained by any person engaged by the obligor to labor for others, by reason of any authorized act, fraud or misrepresentation of the obligor or any of his agents or servants. The bond shall be filed with the city clerk, village recorder or county auditor, as the case may be. So long as the licensee continues to reside or maintain his office at the place mentioned in the license, he may engage in such business in any part of the State.

Approved April 23, 1907.

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