to me that the brief time required might better be spent in making more questions concerning the factory law and factory inspection.

"Constitution of New York and the United States.-The reason for the examination on this subject has been the belief that all citizens and especially all public officers should be familiar with the general powers of the government of which they desire to become a part. But this knowledge, undoubtedly, is not an absolute necessity to the successful deputy factory inspector, and however much it is to be desired, I believe under the present condition of affairs it had better not be made a subject of examination for this position.

"Geography of New York State.-Necessity of some examination in this subject for positions the duties of which require travel is, I think apparent. The deputy factory inspectors being appointed for districts composed of one or more counties and it being necessary for them to know the counties within their own district and their boundaries and county seats and chief towns, questions which will test the applicant's knowledge of the counties in or adjacent to that district are requisite and this to a lesser degree is also true of counties in any part of the State. I do not, however, think it is wise to ask candidates as to the names of railroads off from the main lines of connection. The examination should be so limited as to determine whether or not the candidate has sufficient knowledge to enable him to learn how to reach the points which he will have to visit.

"Arithmetic.-I consider the examination in arithmetic as too difficult a one to require of candidates for the position of deputy factory inspector. * I would suggest that the examination in arithmetic for deputy factory inspectors be made to consist of problems in notation, addition, subtraction, multiplication, division, simple problems in common fractions and percentage, and problems in denominate numbers involving a knowledge of the tables of avoirdupois weights, measures of length and area and of cubical contents, also the table of United States money, and problems in computation of time based upon the knowledge of the calendar. No knowledge should be required further than that which involves the simple processes which the deputy factory inspectors will in discharging their duties have to use.

"Factory law and factory inspection.-The questions asked under these two branches commend themselves to my judgment, especially the requirements under the subject of factory inspection which call for the writing of reports concerning violation of the law, the drafting of affidavits as a basis of criminal prosecution in such cases, the writing of orders directed to factory owners requiring them to comply with the provisions of the law in specified particulars, reports of accidents which are proper subjects of investigation and in particular questions as to the proper action in hypothetical cases.

"Test of personal qualification.-None of the subjects mentioned as being those upon which the examinations have been formerly conducted test qualifications other than mental. The moral qualifications, in so far as moral qualifications can by any system be ascertained, are, I believe, satisfactorily determined by the rigid inquiry made by the commission in its correspondence with former employers and others whose names the candidates for examination have to give as references. To test the other qualifications, such as temperament, tact, bearing, address and approach, is indeed difficult, but I think the question of judgment and general competency can be at least inferentially determined by careful and minute inquiries into the business experience of the candidate. "I have written a letter to the State Factory Inspector informing him that the commission was giving consideration to the character of examination for this position of deputy factory inspector and that we would be pleased to receive information from him as to any specific duties assigned by such department to these officers; also as to his opinion of the necessary and proper qualifications for the place, including mental, physical and personal qualifications, and also experience; and

further that we would be indebted to him if at his earliest convenience he would inform us what subjects he deemed wise to have candidates examined in for this position, and also the character of the examination in the respective subjects, assuring him that it was the desire of the civil service commission to co-operate with all appointing officers in obtaining the best qualified persons for the public service. This is the attitude of the commission with reference to all departments and similar letters will be sent to all appointing officers."

Governor Roosevelt, being in full accord with the conclusions reached by Commissioner Collier as a consequence of his investigation, urged the prompt adoption of practical methods, on lines designated in the foregoing report, to procure eligibles for the service as Deputy Factory Inspectors, and it was at the instigation of the Executive that the results of the April examinations for these positions were set aside by the Civil Service Commissioners, who forthwith notified the public that new open competitive examinations for the above-named places will be held on June 10, 1899, in various cities throughout the State. Intending competitors have been instructed to file their applications in the office of the State Civil Service Commission at Albany on or before June 5th. Applicants are required to be residents and citizens of New York State. For the five years immediately preceding the time of application they must have earned their livelihood by the practice of some mechanical trade or by work in the operation of a factory or mill. In conformity with the views expressed by Commissioner Collier as to the character of future examinations for Deputy Factory Inspectors, the Commission has selected as subjects experience, arithmetic, factory law, and factory inspection. It is officially announced that the questions in arithmetic will be limited to the fundamental rules, fractions and measures, while the questions on factory law and inspection will cover all statutes relating to the department, and to the operation and inspection of factories, the nature and methods of factory inspection, and the preparation of reports. Spelling, handwriting and manner of expression will be considered in marking the papers, but will not constitute separate subjects.

3

COURT DECISIONS.

Contract With Employers' Association, When Void.

The decision which follows is of great interest as it affects a contention of long standing.

In the case of Curran vs. Galen decided by the Court of Appeals in 1897, as reported in the 152 New York Reports, page 33, the plaintiff demanded damages against the defendant as Master Workman of Brewery Workers' Local Assembly 1796, K. of L. and for having confederated and conspired to injure him by taking away his means of earning a livelihood. He was an engineer by trade and asserted that the defendants threatened that unless he joined their organization they would obtain his discharge from the brewery where he was employed. The defendants alleged an agreement between their organization and the Ale Brewers' Association (plaintiff's employer) to the effect that all employees of the brewery companies shall be members of the defendants' organization, and that they offered to take plaintiff into their organization, but he declined to join.

Upon this state of facts the Court of Appeals held that the organization or co-operation of workingmen is not of itself against any public policy, and must be regarded as having the sanction of the law, when it is for such legitimate purposes as that of obtaining an advance in the rate of wages, or of maintaining such rate.

If, however, the purpose of an organization or combination is to hamper or restrict the freedom of a citizen in pursuing his lawful trade or calling, and through contracts or arrangements with employers, to coerce other workmen to become members of the organization and to come under its rules and conditions under the penalty of the loss of their positions and of deprivation of employment, such purpose is against public policy and unlawful. The fact that a contract with a workingmen's organization and an employers' association was entered into on the part of the employers with the object of avoiding disputes and conflicts with the workingmen's organization does not legalize a plan of com

pelling workingmen, not in affiliation with the organization, to join it, at the peril of being deprived of their employment.

Validity of the Union Label.

Another decision of interest is the opinion of the New York Court of Appeals sustaining the validity of the label of the Cigarmakers' International Union.

George W. Perkins, as president of the Cigarmakers' International Union of America, respondent, v. Henry H. Heert and Frederick K. Ehlen, appellants. Decided February 28, 1899.

Appeal from a judgment of the Appellate Division, first department, affirming a judgment entered upon a decision awarding the plaintiff a perpetual injunction, with damages and costs.

The defendants are cigar manufacturers in the city of New York, and are not members of the union. They caused to be printed counterfeits of the blue label adopted by the union, and pasted it upon boxes containing the cigars manufactured by them, and then through their agents sold their cigars to the public with the intent, as has been found, to defraud the union and the purchasers and to impose upon the public.

The case was tried before the court without a jury, and a decision was rendered in favor of the plaintiff, awarding a perpetual injunction against the defendants and for damages and costs.

It is claimed on behalf of the appellants that the label haď been abandoned by the union; that it contained matter libelous and defamatory, which a court of equity would not protect, and that the statute in question had been repealed. These questions were fully considered by the learned Appellate Division, and we fully concur with the views of that court, as expressed in the prevailing opinion, with reference thereto. The only questions which we deem it necessary to here consider are those raised with reference to the constitutionality of the act.

*

It is claimed that the act in question is void for the reason that it grants an exclusive privilege to a private association in

contravention of the provisions of the Constitution. (Article III, section 18.)

There is nothing in the title or provisions of the act that in any manner limits its provisions to any particular locality of the State or to any designated association or union of working men or women. Instead, the provisions are all general, including every locality in the entire State, and embracing every association or union of working men or women existing or that may be thereafter organized. It is in no sense local or private, but is in every sense a general law.

Again it is claimed that the act is within the condemnation of section 16, article three of the Constitution, which provides that "no private or local bills, which may be passed by the legis lature, shall embrace more than one subject, and that shall be expressed in the title." We have already shown that the act is a general law, and not a private or local bill. It, consequently, is not brought in conflict with this provision. Furthermore, we think but one subject is mentioned in the title, and that is the better protection of skilled labor by the registration of labels, etc., covering the products of such labor.

Finally, it is insisted that the act is unconstitutional and void, for the reason that it is contrary to public policy, in that it unjustly discriminates in favor of the labor of members of associations or unions as against that of non-union workmen. The questions arising under this contention are more serious and require deliberate consideration. While private and local bills, granting to a private corporation. association or individual any exclusive privilege, immunity or franchise whatever is prohibited, the Constitution authorizes the legislature to pass general laws under which grants may be made to corporations, associations or individuals of an exclusive privilege, immunity or franchise. An exclusive privilege or franchise is, therefore, authorized if obtained under general laws. Among the exclu sive privileges and franchises which have been made the subject of grants to private corporations, and with which we are all