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question but what the forecastle was clean and properly ventilated, and complied fully with the requirements of the statute on the subject, except in one particular, that it was not supplied with any apparatus for heating. At the time they left the vessel the weather was cold, and the crew suffered discomfort by having to work in the wet, chilly weather, without means for drying their clothing, or any artificial heat in their sleeping room. However, to justify their leaving the vessel before the expiration of the time for which they were hired, they should have first complained to the captain of the discomfort to which they were subjected, and requested him to supply heating apparatus, as required by section 2 of the act of March 3, 1897, entitled "An act to amend the laws relating to navigation." (29 Stat., 687.) That request was not made, and, as they left the vessel voluntarily, I hold that they can not recover wages for services not rendered, nor expenses for their return to San Francisco. They are entitled, however, to receive their wages at the contract rate for the time of their actual service. No reason for refusing to pay them for the time of actual service in the ship is suggested, except that the contract was broken on their part by their leaving the vessel without reasonable cause. The answer, however, does not charge the libelants with desertion, nor allege that they have forfeited their wages by leaving the vessel without the master's consent. Courts do not favor the forfeiture of wages earned by toil and exposure to hardship and danger, to the extent of giving decrees against seamen suing to recover wages, when such relief has not been demanded, and substantial legal reasons therefor alleged, in the respor dent's pleading. Let a decree be entered in favor of the libelant Francis for the sum of $22, and in favor of each of the other libelants for the sum of $24, and their taxable costs.

10493-No. 24- -9

LAWS OF VARIOUS STATES RELATING TO LABOR ENACTED SINCE JANUARY 1, 1896.

[The Second Special Report of the Department contains all laws of the various States and Territories and of the United States relating to labor in force January 1, 1896. Later enactments are reproduced in successive issues of the Bulletin from time to time as published.]

CALIFORNIA.

ACTS OF 1899.

CHAPTER 22.-Contractor's bond-Protection of claims for labor on street and sewer work in municipalities.

SECTION 1. A new section, to be known as section six and one half of said act ["An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for the construction of sewers within municipalities", approved March 18, 1885], is hereby added thereto, and shall read as follows:

SECTION 6. Every contractor, person, company, or corporation, including contracting owners, to whom is awarded any contract for street work under this act, shall, before executing the said contract, file with the superintendent of streets a good and sufficient bond, approved by the mayor, in a sum not less than one-half of the total amount payable by the terms of said contract; such bond shall be executed by the principal and at least two sureties, who shall qualify for double the sum specified in said bond, and shall be made to inure to the benefit of any and all persons, companies, or corporations who perform labor on, or furnish material to be used in the said work of improvement, and shall provide that if the contractor, person, company, or corporation to whom said contract was awarded fails to pay for any materials so furnished for the said work of improvement, or for any work or labor done thereon of any kind, that the sureties will pay the same, to an amount not exceeding the sum specified in said bond. Any material man, person, company, or corporation, furnishing materials to be used in the performance of said work specified in said contract, or who performed work or labor upon the said improvement, whose claim has not been paid by the said contractor, company, or corporation, to whom the said contract was awarded, may, within thirty days from the time said improvement is completed, file with the superintendent of streets a verified statement of his or its claim, together with a statement that the same, or some part thereof, has not been paid. At any time within ninety days after the filing of such claim, the person, company, or corporation, filing the same, or their assigns, may commence an action on said bond for the recovery of the amount due on said claim, together with the costs incurred in said action, and a reasonable attorney fee, to be fixed by the court, for the prosecution thereof.

SEC. 2. This act shall take effect and be in force from and after its passage.
Approved February 21, 1899.

CHAPTER 114.-Hours of labor on public works.

SECTION 1. The time of service of all laborers, workmen, and mechanics employed upon any public works of, or work done for, the State of California, or for any political subdivision thereof, whether said work is done by contract or otherwise, is hereby limited and restricted to eight hours in any one calendar day; and it shall be unlawful for any officer of the State, or of any political division thereof, or any person acting for or on behalf thereof, or any contractor or subcontractor, for any part of any public works of, or work done for such State or political subdivision thereof, or any person, corporation, or association whose duty it shall be to employ or to direct and control the services of such laborers, workmen, or mechanics, or who has, in fact, the direction or control of the services of such laborers, workmen, or mechanics, to require or permit them, or any of them, to labor more than eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life and property, or except to work upon public, military, or naval works or defenses in time of war.

SEC. 2. Each and every contract to which the State of California, or any political subdivision thereof, is a party, and every contract made for or on behalf of the said State or any political subdivision thereof, which contract may involve the employment of laborers, workmen, or mechanics, shall contain a stipulation that no laborer, workman, or mechanic in the employ of the contractor, or any subcontractor, doing or contracting to do any part of the work contemplated by the contract, shall be required or permitted to work more than eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life or property, or except to work upon public, military, or naval works or defenses in time of war, and each and every such contract shall stipulate a penalty for each violation of the stipulation directed by this act of ten dollars for each laborer, workman, or mechanic, for each and every calendar day in which he shall labor more than eight hours; and the inspector or other officer or person whose duty it shall be to see that the provisions of any such contract are complied with, shall report to the proper officer of such State, or political subdivision thereof, all violations of the stipulation in this act provided for in each and every such contract, and the amount of the penalties stipulated in any such contract shall be withheld by the officer or person whose duty it shall be to pay the moneys due under such contract, whether the violations for which said penalties were imposed were by the contractor, his agents or employees, or any subcontractor, his agents or employees. No person on behalf of the State of California, or any political subdivision thereof, shall rebate or remit any penalty imposed under any stipulation herein provided for, unless upon a finding which he shall make up and certify that such penalty was imposed by reason of an error of fact. Nothing in this act shall be construed to authorize the collection of said penalty from the State or any political subdivision thereof.

SEC. 3. Any officer of the State of California, or any political subdivision thereof, who shall violate the provisions of this act, shall be deemed guilty of a misdemeanor, and be subject to a fine or imprisonment, or both, at the discretion of the court, the fine not to exceed five hundred dollars, nor the imprisonment one year.

SEC. 4. All acts and parts of acts inconsistent with this act, in so far as they are inconsistent, are hereby repealed.

SEC. 5. This act shall take effect and be in force from and after its passage.
Approved March 20, 1899.

DISTRICT OF ALASKA.

U. S. STATUTES-ACTS OF 1898-99.

(3d Sess., 55th Congress.)

CHAPTER 429.-Criminal Code-Sunday labor-Convict labor-Employment of females and minors in barrooms prohibited.

SECTION 141. If any person shall keep open any store, shop, grocery, ball alley, billiard room, or tippling house, for purpose of labor or traffic, or any place of amusement, on the first day of the week, commonly called Sunday or the Lord's day, such person, upon conviction thereof, shall be punished by a fine not less than five nor more than fifty dollars: Provided, That the above provision shall not apply to the keepers of drug stores, doctor shops, undertakers, livery-stable keepers, barbers, butchers, and bakers, and all circumstances of necessity and mercy may be pleaded in defense, which shall be treated as questions of fact for the jury to determine, when the offense is tried by jury.

SEC. 195. A judgment of imprisonment in the penitentiary need only specify the duration and place of such confinement, and thereafter the manner of the confinement and the treatment and employment of the person so sentenced shall be regulated and governed by whatever law may be in force prescribing the discipline of the penitentiary wherein he is confined and the treatment and employment of persons sentenced to confinement therein.

SEC. 201.

*The manner of such confinement [in a county jail] and the treatment of a person so sentenced shall be governed by whatever law may be in force prescribing the discipline of county jails: Provided, That the United States marshal for said district may, under such regulations as the Attorney-General may prescribe, employ or cause to be employed upon public works any or all persons sentenced to imprisonment in the jails or the penitentiary within said district: *

SEC. 478. No licensee under a barroom license shall employ, or permit to be employed, or allow any female or minor or person convicted of crime, to sell, give, furnish, or distribute any intoxicating drinks or any admixture thereof, ale, wine, or beer to any person or persons.

Approved March 3, 1899.

DISTRICT OF COLUMBIA.

U. S. STATUTES-ACTS OF 1898-99.

(3d Sess., 55th Congress.)

CHAPTER 218.-Contractor's bond-Protection of claims for labor on public buildings, etc. SECTION 1. Hereafter any person or persons entering into a formal contract with the District of Columbia for the construction of any public building, or the prosecution and completion of any public work, or for repairs upon any public building or public work, shall be required, before commencing such work, to execute the usual penal bond, with good and sufficient sureties, with the additional obligations that such contractor or contractors shall promptly make payments to all persons supplying him or them labor and materials in the prosecution of the work provided for in such contract; and any person or persons making application therefor and furnishing affidavit to the department under the direction of which said work is being or has been prosecuted that labor or materials for the prosecution of such work has been supplied by him or them, and payment for which has not been made, shall be furnished with a certified copy of said contract and bond, upon which said person or persons supplying such labor and materials shall have a right of action, and shall be authorized to bring suit in the name of the District of Columbia or the United States for his or their use and benefit against said contractor and sureties and to prosecute the same to final judgment and execution: Provided, That such action and its prosecution shall not involve the District of Columbia or the United States in any expense: Provided, That in such case the court in which such action is brought is authorized to require proper security for cost in case judgment is for the defendant. Approved February 28, 1899.

LOUISIANA.

CONSTITUTION OF 1898.

The enactment of certain labor legislation prohibited.

ARTICLE 48. The general assembly shall not pass any local or special law on the following specified subjects:

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Granting to any corporation, association, or individual any special or exclusive right, privilege or immunity.

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ART. 51. No law shall be passed fixing the price of manual labor.

Protection of the wages of laborers.

ART. 185. The general assembly shall pass laws to protect laborers on buildings, streets, roads, railroads, canals, and other similar works, against the failure of contractors and subcontractors to pay their current wages when due, and to make the corporation, company, or individual, for whose benefit the work is done, responsible for their ultimate payment.

Convict labor.

ART. 196. The general assembly may authorize the employment under State supervision and the proper officers and employees of the State, of convicts on public roads and other public works, or convict farms, or in manufactories owned or controlled by the State, under such provisions and restrictions as may be imposed by law, and shall enact laws necessary to carry these provisions into effect; and no convict sentenced to the State penitentiary shall ever be leased, or hired to any person, or persons, or corporation, private or public, or quasi-public, or board, save as herein authorized. This article shall take effect upon the expiration of the penitentiary lease, made pursuant to Act No. 114, approved July 10th, 1890.

Exemption of laborers, etc., from license tax.

ART. 229. The general assembly may levy a license tax, and in such case shall graduate the amount of such tax to be collected from the persons pursuing the several trades, professions, vocations, and callings. All persons, associations of persons and corporations pursuing any trade, profession, business or calling, may be rendered liable to such tax, except clerks, laborers, clergymen, school teachers, those engaged in mechanical, agricultural, horticultural, and mining pursuits, and manufacturers other than those of distilled, alcoholic, or malt liquors, tobacco, cigars, and cotton-seed oil.

*

Convict labor.

ART. 292. When any parish shall avail itself of the provisions of this article, the judge, in passing sentence on any person convicted of any offense, when the punishment imposed by law is imprisonment in the parish jail in the first instance, or in default of payment of fine, may sentence such persons to work on the public roads and bridges and any other public works of the parish; and when the punishment prescribed by law is imprisonment in the penitentiary, he may sentence the persons so convicted to work on the public roads and bridges and other public works of the parish where the crime was committed, if the sentence actually imposed does not exceed six months.

Time of taking effect of the constitution.

ART. 325. That no inconvenience may arise from the adoption of this constitution, and in order to carry this constitution into complete operation, it is hereby declared:

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Eighth. This constitution, shall be in full force and effect from and after this 12th day of May, 1898, save and except as otherwise provided in and by said constitution.

ACTS OF 1898.

ACT No. 49.-Trade-marks of trade unions.

SECTION 1. Whenever any person, or any association or union of workingmen, has 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 or put on sale by such person or association or union of workingmen or by a member or members of such association or union, it shall be unlawful 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 any such label, trade-mark, term, design, device or form of advertisement.

SEC. 2. Whoever counterfeits or imitates any such label, trade-mark, term, design, device or form of advertisement; or sells, offers for sale or in any way utters or circulates any counterfeit or imitation of any such label, trade-mark, term, design, device or form of advertisement; or keeps or has in his possession with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor to which or on which any such counterfeit or imitation is printed, painted, stamped or impressed; or knowingly sells or disposes of any goods, wares, merchandise or other products of labor contained in any box, case, can or package, to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed; or keeps or has in his possession with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor in any box, case, can or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than three months.

SEC. 3. Every such person association or union that has heretofore adopted or used, or shall hereafter adopt or use, a label, trade-mark, term, design, device or form of advertisement as provided in section 1, of this act, may file the same for record in the office of the secretary of state by leaving two copies, counterparts or fac similies, with said secretary and by filing therewith a sworn application specifying the name or names of the person, association or union on whose behalf such label, trade-mark, term, design, device or form of advertisement shall be filed; the class of merchandise and a description of the goods to which it has been or is intended to be appropriated, stating that the party so filing or on whose behalf such label, trademark, term, design, device or form of advertisement shall be filed, has the right to the use of the same; that no other person, firm, association, union or corpora

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