New York (State). Bureau of Labor Statistics.

Annual report of the Bureau of Labor Statistics of the State of ..., Volume 19 online

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objects, the names and places of residence of the trustees, the names of
the bodies which they respectively represent, and the name of the town,
village or city where such building is to be located; and thereon such trus-
tees and their successors shall be a corporation for the purposes specified
in such certificate. [As amended by L, 1898, chaps, 46 and 464, and L. 1902,
ch. S90.]

Preventing Fraudulent Bepresentation in Labor Organizations.

Laws of 1898, Ch. 671.
An Act to prevent fraudulent representation in labor organizations.

Section 1. Any person who represents himself or herself to be a member
of, or who claims to represent a labor organization which does not exist
within the state, at the time of such representation, or who has in his or
her possession a credential, certificate or letter of introduction bearing a
fraudulent seal, or bearing the seal of a labor organization which has
ceased to exist, and does not exist at the time of such representation, and
attempts to gain admission by the use of said credential, certificate or
letter of Introduction, as a member of any convention, or meeting of rep-
presentatives of labor organizations of the state, shall be guilty of a mis-
demeanor and upon conviction thereof shall be punishable by a fine of not
less than twenty dollars nor more than fifty dollars, and imprisonment
for not less than ten days nor more than thirty days in the jail of the
county wherein such conviction is had, or by both such fine and imprison-
ment.

§ 2. This act shall take effect Immediately.

Unlawful to Compel Employes to Agree Not to Join Labor

Organizations.

Penal Code: Laws op 1881, Chap. 676.

§ 17lA. Any person or persons, employer or employers of labor, and
any person or persons of any corporation or corporations, on behalf of
such corporation or corporations, who shall hereafter coerce or compel any
person or persons, employee or employees, laborer or mechanic, to enter
into an agreement, either written or verbal, from such person or persons,
employe, laborer or mechanic, not to join or become a member of any
labor organization, as a condition of such person or persons securing
employment or continuing in the employment of any such person or per-
sons, employer or employers, corporation or corporations, shall be deemed
guilty of a misdemeanor. The penalty for such misdemeanor shall be
imprisonment in a penal institution for not more than six months, or by
a fine of not more than two hundred dollars, or by both such fine and
imprisonment. [Added by L. 1887, ch. 688,}

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HTDirSTBIAL DISPUTES.
Illegal CombinationSi Coercion, Etc.
Penal Code: Laws of 1881, Chap. 676.
S 168. Conspiracy defined. — If two or more persons conspire, either
1. To commit a crime; or



5. To prevent another from exercising a lawful trade or calling, or
doing any other lawful act, by force, threats, intimidation or by inter-
fering or threatening to Interfere with tools, implements or property be-
longing to or used by another, or with the use or employment thereof; or,

6. To commit any act injurious to the public health, to public morals,
or to trade or commerce, or for the perversion or obstruction of Justice,
or of the due administration of the laws;

Each of them is guilty of a misdemeanor.

S 169. Oonspiraciee against peace, etc. — ^If two or more persons, being
out of this state, conspire to commit any act against the peace of this
state, the commission or attempted commission of which, within this
state, would be treason against the state, they are punishable by imprisiHi-
ment in a state prison not exceeding ten years.

f 17&. Ko other conspiracies punishable. — No conspiracy is punishable
criminally unless it is one of those enumerated in the last two sections,
aud the orderly and peaceable assembling or co-operation of persons em-
ployed in any calling, trade or handicraft for the purpose of obtaining an
advance in the rate of wages or compensation, or of maintaining such
rate, is not a conspiracy.

S 653. Coercing another person, etc. — A person, who with a view to
compel another person to do or to abstain from doing an act which such
other person has a legal right to do or to abstain from doing, wrongfully
and unlawfully,

1. Uses violence or inflicts injury upon such other person or his family,
or a member thereof, or upon his property, or threatens such violence or
injury; or

2. Deprives any such person of any tool, implement, or clothing, or
hinders him in the use thereof; or

3. Uses or attempts the intimidation of such person by threats or force;
Is guilty of a misdemeanor.

S 673. Endangering life by refusal to labor. — A person who willfully
and maliciously, either alone or In combination with others, breaks a eon-
tract of service of hiring, knowing, or having reasonable cause to believe,
that the probable consequence of his so doing will be to endanger human
life, or to cause grievous bodily injury, or to expose valuable inroperty to
destruction or serious Injury, Is guilty of a misdemeanor.

S 675. Belating to disorderly conduct on public conveyances. — Any
person who shall by any offensive or disorderly act or language, annoy or
interfere with any person or persons in any place or with the passengers

11.109



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11.110 New York State Department op Labor.

of any public stage, railroad car, ferry boat, or other public conveyance,
or who shall disturb or oflfend the occupants of such stage, car, boat or
conveyance, by any disorderly act, language or display, although such act,
conduct or display may not amount to an assault or battery, shall be
deemed guilty of a misdemeanor. A person who wilfully and wrongfully
commits any act which seriously Injures the person or property of another
or which seriously disturbs or endangers the public peace or health, or
which openly outrages public decency, for which no other punishment is
expressly prescribed by this code, is guilty of a misdemeanor; but nothing
in this code contained shall be so construed as to prevent any person from
demanding an increase of wages, or from assembling and using all lawful
means to induce employers to pay such wages to all persons employed by
them as shall be a Just and fair compensation for services rendered. [A«
amended by L, 1891, ch. 827.}

The ''Anti-Finkerton" Act: Froliibiting the Appointment of Hon-
Besidents as Special Officers to Preserve the Public Peace.
Penal Code: Laws op 1881, Chap. 676.
S 119. Kaking arrests, etc., without lawful authority. — No sheriflf of
a county, mayor of a city, or officials, or other person authorized by Isi^
to appoint special deputy sheriffs, special constables, marshals, policemen,
or other peace officers in this state, to preserve the public peace or quell
public disturbance, shall hereafter, at the instance of any agent, society,
association or corporation, or otherwise, appoint as such special deputy,
special constable, marshal, policemen, or other peace officer, any person
who shall not be a citizen of the United States and a resident of the state
of New York, and entitled to vote therein at the time of his appointment,
and a resident of the same county as the mayor or sheriff or other official
making: such appointment; and no person shall assume or exercise the
functions, powers, duties or privileges incident and belonging to the office
of special deputy sheriff, special constables, marshal or policemen or other
peace officer, without having first received his appointment in writing
from the authority lawfully appointing him. Any person or persons who
shall, in this state, without due authority, exercise, or attempt to exercise
the functions of, or hold himself out to any one as a deputy sheriff, mar-
shal or policeman, constable or peace officer, or any public officer, or
person pretending to be a public officer, who, unlawfully, under the
pretense or color of any process, arrests any person or detains him again^
his will, or seizes or levies upon any property, or dispossesses any one
of any lands or tenements without a regular process therefor, or any Per-
son who knowingly violates any other provision of this section, Is guilty
of a misdemeanor. But nothing herein contained shall be deemed to
affect, repeal or abridge the powers authorized to be exercised under sec-
tions one hundred and two, one hundred and four, one hundred and sixty-
nine, one hundred and eighty-three, eight hundred and ninety-five, eight
hundred and ninety-six and eight hundred and ninety-seven of the code of
criminal procedure; or under chapter three hundred and forty-six of the
laws of eighteen hundred and sixty-three, as amended by chapter two
hundred and fifty-nine of the laws of eighteen hundred and sixty-six, and



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Labor Laws — Industrial Disputes. 11.111

chapter one hundred and ninety-three, of the laws of eighteen hundred
and seven ty-five; or under chapter two hundred and twenty-three of the
laws of eighteen hundred and eighty; or under chapter five hundred and
twenty-seven of the laws of eighteen hundred and seventy-three; or under
chapter two hundred and five of the laws of eighteen hundred and seventy-
five; but all places kept for summer resorts and the grounds of racing
associations in the counties of New York, Kings and Westchester, are
hereby exempted from the provisions of this act [As amended hp L, 1892,
cK 272.]

Conductors and Trainmen as Policemen.

Laws of 1890, Chapter 565, Being the Railroad Law and Consti-
tuting Chapter XXXIX of the General Laws.

§ 58. Wlien conductors and brakemen may be policeniLen. — The gov-
ernor may appoint any conductor or brakeman on any train conveying
passengers on any steam railroad In this state, a policeman, with all the
powers of a policeman in cities and villages, for the preservation of order
and of the public peace, and the arrest of all persons committing oCTenses
upon the land or property of the corporation owning or operating such
railroad; and he may also appoint, on the application of any such cor-
poration, or of any steamboat company, such additional policemen, desig-
nated by it, as he may deem proper, at any station or upon any steam-
boat navigating the waters of this state, who shall have the same powers,
but not more than one at any one station, or upon any such steamboat.
Every such policeman shall within fifteen days after receiving his com-
mission, and before entering upon the duties of his office, take and sub-
scribe the constitutional oath of office, and file it with his commission in
the office of the secretary of state, who shall thereupon transmit to the
county clerk of each county in which such policeman Is authorized to act,
a certificate, under his hand and official seal, setting forth the appoint-
ment and the filing of the commission and oath, which certificate shall
be filed by the county clerk. Every such policeman shall when on duty
wear a metallic shield, with the words "railway police" or "steamboat
police" as the case may be, and the name of the corporation for which
appointed inscribed thereon, which shall always be worn in plain view,
except when employed as a detective. The compensation of every such
policeman shall be such as may be agreed upon between him and the
corporation for which he is appointed, and shall be paid by the corpora-
tion. When any corporation shall no longer require the services of any
such policeman they may file notice to that effect in the several offices
in which notice of his appointment was originally filed, and thereupon
such appointment shall cease and be at an end. [As amended hv L. 1899 j
eh. 6S9.]



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UISCELLANEOirS ACTS.

The Liability of Employers.

Laws of 1902, Chap. 600.

An Act to extend and regulate the liability of employers to make com-
pensation for personal injuries suffered by employees.

Section 1. Where, after this act takes effect, personal injury is caused
to an employee who is himself in the exercise of due care and diligence
at the time:

1. By reason of any defect in the condition of the ways, works or
machinery connected with or used In the business of the employer which
arose from or had not been discovered or remedied owing to the negli-
gence of the employer or of any person in the service of the employer
and entrusted by him with the duty of seeing that the ways, works or
machinery were in proper condition;

2. By reason of the negligence of any person in the service of the
employer entrusted with and exercising superintendence whose s<^e or
principal duty is that of superintendence, or in the absence of such super-
intendent, of any person acting as superintendent with the authority or
consent of such employer; the employee, or in case the injury results in
death, the executor or administrator of a deceased employee who has left
him surviving a husband^ wife or next of kin, shall have the same right
of compensation and remedies against the employer as if the employee
had not been an employee of nor in the service of the employer nor
engaged in his work. The provisions of law relating to actions for
causing death by negligence, so far as the same are consistent with this
act, shall apply to an action brought by an executor or administrator of a
deceased employee suing under the provisions of this act

§ 2. No action for recovery of compensation for Injury or death under
this act shall be maintained unless notice of the time, place and cause
of the injury is given to the employer within one hundred and twenty days
and the action is commenced within one year after the occurrence of the
accident causing the injury or death. The notice required by thl& section
shall be in writing and signed by the person injured or by some one in
his behalf, but if from physical or mental incapacity it is imx)088ible for
the person injured to give notice within the time provided in said section,
he may give the same within ten days after such Incapacity Is removed.
In case of his death without having given such notice, his executor or
administrator may give such notice within sixty days after his appoint-
ment, but no notice under the provisions of this section shall be deemed
to be invalid or insufficient solely by reason of any Inaccuracy in stating
the time, place or cause of the injury if it be shown that there was no
intention to mislead and that the party entitled to notice was not in fact
misled thereby. The notice required by this section shail be served on
the employer or If there is more than one employer, upon one of such
employers, and may be served by delivering the same to or at the resi-

U.U2



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Labob Lawb — Employbbs' Liabilitt. 11.113

dence or place of business of the person on whom It is to be served. The
notice may be served by post by letter addressed to the person on whom
It is to be served, at his last known place of residence or place of business
and if served by post shall be deemed to have been served at the time
when the letter containing the same would be delivered in the (Hrdlnary
course of the post. When the employer is a corporation, notice shall be
served by delivering the same or by sending it by post addressed to the
office or principal place of business of such corporation.

§ 8. An employee by entering upon or continuing in the service of the
employer shall be presumed to have assented to the necessary ri^s of
the occupation or employment and no others. The necessary rislcs of the
occupation or employment shall, in ail cases arising after this act takes
effect be considered as including those risks, and those only. Inherent in
the nature of the business which remain after the employer has exercised
due care in providing for the safety of his employees, and has complied
with the laws affecting or regulating such business or occupation for the
greater safety of such employees. In an action maintained for the re-
covery of damages for personal injuries to an employee received after
this act takes effect, owing to any cause for which the employer would
otherwise be liable, the fact that the employee continued in the service
of the employer in the same place and course of employment after the
discovery by such employee, or after he had been informed of, the danger
of personal Injury therefrom, shall not, as a matter of law, be considered
as an assent by such employee to the existence or continuance of such
risks of personal injury therefrom, or as negligence contributing to such
injury. The question whether the employee understood and assumed the
risk of such Injury, or was guilty of contributory negligence, by his con-
tinuance In the same place and course of employment with knowledge of
the risk of Injury shall be one of fact, subject to the usual powers of the
court in a proper case to set aside a verdict rendered contrary to the evi-
dence. An employee, or his legal representative, shall not be entitled
under this act to any right of compensation or remedy against the em-
ployer in any case where such employee knew of the defect or negligence
which caused the injury and failed, within a reasonable time, to give, or
cause to be given, information thereof to the employer, or to some person
superior to himself in the service of the employer who liad Intrusted to
him some general superintendence, unless it shall appear on the trial that
such defect or negligence was known to such employer, or superior person,
prior to such Injuries to the employee.

S 4. An employer who shall have contributed to an insurance fund
created and maintained for the mutual purpose of indemnifying an em-
ployee for personal injuries, for which compensation may be recovered
under this act, or to any relief society or benefit fund created under the
laws of this state, may prove in mitigation of damages recoverable by an
employee under this act such proportion of the pecuniary benefit which has
been received by such employee from such fund or society on account of
such contribution of employe, as the contribution of such employer to
such fund or society bears to the whole contribution thereto.

§ 6. Every existing right of action for negligence or to recover damages
for Injuries resulting in death Is continued and nothing in this act con-
8



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11.114 New York Statb Dbpartmdnt of Labor.

talned shall be construed as limiting any such right of action, nor shall
the failure to give the notice provided for in section two of this act be a
bar to the maintenance of a suit upon any such existing right of action.

§ 6. This act shall taice effect July first, nineteen hundred and two.

Became a law April 15, 1902, with the approval of the Governor.

Duties of Employees.

Laws of 1881, Chap. 419.

An Act to prohibit the pawning or fraudulent conversion of material In the

hands of operatives for manufacture.

Section 1. Unlawful to sell, etc., property furnished to be manufac-
tured; punishment. — Any person who shall wilfully pawn, pledge, sell or
convert to his or her own use any material furnished to him or her for the
purpose of being manufactured, if the same be of the value of more than
twenty-five dollars, shall, upon conviction thereof, be adjudged guilty of
grand larceny, and imprisoned in a state prison for a term not exceeding
five years, but if the same be of the value of twenty-five dollars or under,
he or she shall, upon conviction, be adjudged guilty of petit larceny, and
be punished by imprisonment in a county jail not exceeding six months,
or by fine not exceeding one hundred dollars, or by both such fine and
Imprisonment.

§ 2. Act not to discharge mechanics' lien. — Nothing in this act con-
tained shall be deemed or held to discharge any mechanic's lien, or right
of lien in favor of any employee as now recognized by law.

Intelligence Offices and Employment Agencies in New York City and

Brooklyn.

Chapteb 410, Laws of 1888, as Amended by Chapter 330, Laws of 1891.

An Act to regulate the keeping of Intelligence oflBces, employment
agencies, or other places where a fee is charged for the procuring of
employment or situations in the city of New York.*

Section 1. From and after the passage of this act no person shall en-
gage In the business of keeping an intelligence office, employment bureau
or other agency in the city of New York where a fee is charged for regis-
tration, or for the pm*pose of procuring, or assisting to procure employ-
ment, or situations of any kind, or for furnishing help to any person either
in or out of said city, without first procuring a license therefor from the
mayor of said city, under a penalty of not more than fifty dollars's fine for
each offence, said fine to be imposed by a police magisti-ate, who shall have
power to commit the i>er8on so offending, for a period not exceeding thirty
days, in default of payment of said fine. And no license shall be granted
for such purpose, except to persons of good general character, who shall
be required to furnish to said mayor satisfactory proof of such fact.
And in case any person shall be charged a fee, for the purpose of obtain-

♦Chapter 185, Laws of 1891, which l8 rabstanUally Identical with the aboTe law, except
tihat the licenaee fee (renewal) 1« twenty-flve dollars, regulates the keeping of Intelligence
agencies In Brooklyn.



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Labob Laws — ^Bmplotmbnt Aqbnoibb. 11.115

ing employment or a situation, by any aucb intelligence office or employ-
ment agency bureau, and it aball be proved tbat no sucb employment or
situation was to be obtained, or any yacaneies existing at the place to
which such persons be sent, then the keeper of said office or agency shall
be liable to said person for the fare paid by him or her in going to and re-
turning from said place, and should the keeper of said office or agency fail
to pay such fare, the mayor may revoke the license. Every keeper of such
intelligence office, employmnt agency, or other place kept for the pur-
pose of procuring employment or situations, is hereby required to giYe
to each person, from whom they accept a fee, a receipt, stating the
amount so paid, and the character of the situation or employment they
agree to procure for such person, and the name and address of the person
or persons to whom the applicant is referred; and in case the applicant
fails to procure or accept said situation or employment, then said intelli-
gence office keeper shall refund the full amount of such fee paid to the
person by whom such fee was paid at once, and that it shall be deemed a
misdemeanor for any such intelligence office keeper to receive or permit
to be received, any money for any other purpose except as herein pro-
vided, and that every intelligence office keeper is required to give to the
employer a guarantee, to furnish a servant, for at least one month, for
a fee paid, and in case of failure to furnish such servant, such intelli-
gence office keeper must refund to the employer the full amount of such
fee paid.

S 2. Every person engaged in the business of keeping an intelligence
office, employment agency or other place where employment or situations
are procured, in the city of New York, shall have on the back of each and
every receipt, given by them for fees received for the procuring of em-
ployment or situations, a copy of the first section of this act printed clearly
and legibly in plain type, and a failure to comply with this provision of
this section shall be deemed a sufficient cause for the forfeiture of the
license of the person violating the same.

S 8. The mayor may require from each person licensed, or applying for
a license under this act, a bond, with a good and sufficient surety, condi-
tioned for the faithful observance of the provisions contained therein.

§ 4. Each license shall designate the house in which the person licensed
shall keep his office and the number of such license, and shall continue
and be in force until the first Tuesday of May next ensuing the date
thereof, and no longer, unless sooner revoked by the mayor.

S 6. Every person who may be licensed under and by virtue of the pro-
visions of this act, shall pay to the mayor for the use of the said city of
New York, the sum of twenty-five dollars; and for the renewal of any
such license the sum of twelve dollars and fifty cents.

Protection of Sailors.

I/Aws OP 1882, Oh. 410, the New Yokk City Ck>N80LiDATi0N Act.

S 2069. No one except pilot to board vessel until fastened to wharf

without permission. — It shall not be lawful for any person, except a pilot

or public officer, to board, or attempt to board, a vessel arriving in the



Online LibraryNew York (State). Bureau of Labor StatisticsAnnual report of the Bureau of Labor Statistics of the State of ..., Volume 19 → online text (page 58 of 60)