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and deprivation of employment, it would be within the principle of public policy which prohibits monopolies and exclusive privileges.
The answer of defendants denies all the material allegations of the bill and affidavits, except the allegation as to the existence of this agreement. It is therefore different in this regard from Curran v. Galen, supra, where the facts were admitted by demurrer. If the allegations in the answer and the statements in the affidavits be true, the agreement resolves itself into one by which the builders merely agree that they will take contracts for mason work only where such contracts include the installation of the fireproofing, and that they will not sublet the same, but will use their own men for such installaation, and whereby the bricklayers agree that they will work only for those who comply with this agreement.
It is claimed, for the reasons set forth in the affidavits and referred to above, that this agreement was entered into for the mutual advantage of the parties, in the line of the avoidance of strikes and the opportunity for control by contractors of an entire contract, in permitting the bricklayers to do all the brickwork on a certain building, so that having done the outside work, exposed to the inclemencies of the weather, they might also do the inside and protected work and obtain full and better wages. If the facts be as contended by the defendants, there is nothing unlawful in this agreement. The rights of capital and labor are equally protected by the law in the making of such contracts as are for the best interests of the parties concerned, in the absence of proof of any act or motive other than that which is justified by the law. Indeed, it is difficult to see upon what theory the court could enjoin the defendants herein from carrying out said agreement. As is stated by Judge Gray in National Protective Association v. Cumming, 170 N. Y. 315, 335, 63 N. E. 369, 375, 58 L. R. A. 135, 88 Am. St. Rep. 648:
"Our laws recognize the absolute freedom of the individual to work for whom he chooses, with whom he chooses, and to make any contract upon the subject that he chooses. There is the same freedom to organize, in an association with others of his craft, to further their common interests as workingmen, with respect to their wages, to their hours of labor, or to matters affecting their health and safety. They are free to secure the furtherance of their common interests in every way, which is not within the prohibition of some statute, or which does not involve the commission of illegal acts. The struggle on the part of individuals to prefer themselves, and to prevent the work which they are fitted to do from being given to others, may be keen and may have unhappy results in individual cases; but the law is not concerned with such results, when not caused by illegal means or acts."
Furthermore, it is not clear, if these rules and regulations are reasonable, why complainant can not comply with said rules and with said agreement and do the outside as well as the inside work. Its argument upon this point seems to be that it desires to be permitted to do a certain branch of a certain business in the way which is most profitable to it, by means of its own men and to the exclusion of others. It may readily be seen that, if this contention is sustained, any one supplying work and materials in the construction of a building might enjoin the carrying out of any agreement which excluded him from doing his particular part of the work in the same way, no matter how small or insignificant that work might be in the construction of the building. Such a situation would lead to needless confusion, and might further seriously interfere with the ability of the workmen to secure their wages from the various independent employers.
The very recont derision of the Court of Appeals, in Jacobs r. Cohen, 183 X, Y, 207,76 X. E. 5, shows that the question of law depends upon whether there is coercion by threats and by the unlawful use of power and influence in keeping other persons from working at their trade, and procuring their dismissal from employment, as in Curran v. Galen, supra, or a lawful agreement made by an employer with his workmen, regulating the performance of the work and restricting the class of workmen to such persons as are in affiliation with the association of the employers' workmen, provided the restrictions were not oppressive.
In these circumstances, and because the questions presented depend upon the existence or nonexistence of disputed facts, I do not feel justified in granting the extraordinary remedy of a preliminary injunction. The decision of the questions at issue should be postponed until after the determination of the facts, under the opportunity afforded by examination and cross-examination of witnesses.
The motion for a preliminary injunction is denied.
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 cuinuJative index of these later enactments is to be found on page 239 et seq. of this issue.)
DISTRICT OF COLUMBIA.
ACTS OF FIRST SESSION, 59TH CONGRESS, 1905-1906.
CHAPTER 957.-- Fire escapes on factories, etc. SECTION 2. It shall be the duty of the owner, lessee, occupant, or person having possession, charge, or control of any building already erected, or which may hereafter he erected, in which ten or more persons are employed at the same time in any of the stories above the second story, to provide and cause to be erected and affixed thereto a sufficient number of the * * fire escapes (of such material, type, and construction as the Commissioners of the District of Columbia may determine), the location and number of the same to be determined by the said commissioners, and to keep the hallways and stairways in every such building as is used and occupied at night properly lighted, to the satisfaction of the Commissioners of the District of Columbia, from sunset to sunrise.
Sec. 3. It shall also be the duty of the owner, lessee, occupant, or person having possession, charge, or control of * any building in which ten or more persons are employed, as set forth in section two of this act, to provide, install, and maintain therein proper and sufficient guide signs, guide lights, exit lights, hall and stairway lights, fire hose, and fire extinguishers, in such location and numbers and of such type and character as the Commissioners of the District of Columbia may determine.
Sec. 4. The Commissioners of the District of Columbia are hereby authorized and directed to require any alterations or changes that may become necessary in buildings now or hereafter erected, in order to properly locate or relocate fire escapes or to afford access to fire escapes, and to require any changes or alterations in any building that may be necessary in order to provide for the erection of additional fire escapes, when in the judgment of said Commissioners additional fire escapes are necessary.
Sec. 5. Each elevator shaft and stairway extending to the basement of the buildings heretofore mentioned shall terminate in a fireproof compartment or inclosure, separating the elevator shaft and stairs from other parts of the basement, and no opening shall be made or maintained in such compartment or inclosure unless the same be provided with fireproof doors.
Sec. 6. It shall be unlawful to obstruct any hall, passageway, corridor, or stairway in any building mentioned in this act with baggage, trunks, furniture, cans, or with any other thing whatsoever.
ŠEC. 7. No door or window leading to any fire escape shall be covered or obstructed by any fixed grating or barrier, and no person shall at any time place any incumbrance or obstacle upon any fire escape or upon any platform, ladder, or stairway leading to or from any fire escape.
Sec. 8. No license shall be issued to any person to conduct any business for which a license is required in any building mentioned in this act until such building has been provided and equipped with a sufficient number of fire escapes and other appliances required by this act.
Šec. 9. Any person failing or neglecting to provide fire escapes, alarm gongs, guide signs, fire hose, fire extinguishers, or other appliances required by this act, after notice from the Commissioners of the District of Columbia so to do, shall, upon conviction thereof, be punished by a fine of not less than ten dollars nor more than one hundred dollars, and shall be punished by a further fine of five dollars for each day that he fails to comply with the notice aforesaid. Any person violating any other provision of this act shall be punished, upon conviction thereof, by a fine of not less than ten dollars nor more than one hundred dollars for each offense.
Sec. 10. The said notice requiring the crection of fire escapes and other appliances mentioned in this act shall specify the character and number of fire escapes or other appliances to be provided, the location of the same, and the time within which said fire encapes or other appliances shall be provided, and in no case shall more than ninety days be allowed for compliance with said notice unless the Commissioners of the District of Columbia chall, in their discretion, deem it necessary to extend their time.
Sec. 11. Said notice shall be deemed to have been served if delivered to the person to be notified, or if left with any adult person at the usual residence or place of business of the person to be notified in the District of Columbia, or if no such residence or place of business can be found in said District by reasonable search, if left with any adult person at the office of any agent of the person to be notified, provided such agent has any authority or duty with reference to the building to which said notice relates, or if no Buch office can be found in said District by reasonable search if forwarded by registered mail to the last known address of the person to be notified and not returned by the post-office authorities, or if no address be known or can by reasonable diligence be ascertained, or if any notice forwarded as authorized by the preceding clause of this section be returned by the post-office authorities, if published on ten consecutive days in a daily newspaper published in the District of Columbia, or if by reason of an outstanding unrecorded transfer of title the name of the owner in fact can not be ascertained beyond a reasonable doubt, if served on the owner of record in the manner hereinbefore in this section provided. Any notice to a corporation shall, for the purposes of this aet, be deemed to have been served on such corporation is served on the president, secretary, treasurer, general manager, or any principal officer of such corporation in the manner herein before provided for the service of notices on natural persons holding property in their own right, and notice to a foreign corporation shall, for the purposes of this act, be deemed to have been served if served on any agent of such corporation personally, or if left with any person of suitable age and discretion residing at the usual residence or employed at the usual place of business of such agent in the District of Columbia: Prorided, That in case of failure or refusal of the owner, lesrce, occupant, or person having possession, charge, or control of any buildings specified in this act to comply with the requirements of the notice provided for in section ten, then, and in that event, the Commissioners are hereby empowered and it is their duty to cause such erection of fire escapes and other appliances mentioned in the notice provided for, and they are hereby authorized to assess the costs thereof as a tax against the buildings on which they are erected and the ground on which the same stands, and to issue tax-lien certificates against such building and grounds for the amount of such assessments, bearing interest at the rate of ten per centum per annum, which certificates may be turned over by the Commissioners to the contractor for doing the work.
SEC. 12. The supreme court of the District of Columbia, in term time or in vacation, may, upon a petition of the District of Columbia, filed by its said Commissioners, issue an injunction to restrain the use or occupation of any building in the District of Columbia in violation of any of the provisions of this act.
Approved March 19, 1906.
('HAPTER 3054. Employment of children. School attendance. Section !. Every parent, guardian, or other person residing in the District of Columbia having charge and control of a child between the ages of eight and fourteen years shall cause such child to be regularly instructed in the elementary branches of knowledge, including reading, writing, English grammar, geography, and arithmetic, and pursuant to jhis end every such parent, guardian, or other person aforesaid shall cause any child under the charge and control of such person to attend some public, private, or parochial school during the period of each year the public schools in the District are in session, on the customary days and during the customary hours of the school term. No child shall be credited with attendance upon a private or parochial school unless the attendance oflicer hereinafter provided for receives a certificate of attendance signed by the person in charge of such school. A child between the ages aforesaid may be excused from school attendance or instruction upon presentation of satisfactory evidence to the superintendent of schools that such child is being or has been within said year instructed a like period of time in the branches taught in the publie schools, or that such child has acquired these branches of learning, or that the physical or mental condition of such child is such as to render such attendance or instruction inexpedient er impracticable.
Sreið. Any person who induces or attempts to induce any child to be absent unlawfully from school or who knowingly employs or harlors while school is in session any child absent unlawfully from sihol shall be deemed guilty of a misdemeanor and be punished by id tine or not me're than twenty dollars.
Sec. 6. The officers empowered under this act shall visit any place or establishment where minor children are employed to ascertain whether the provisions of this law are duly complied with, and shall as often as twice a year demand from all employers of such children a list of children employed, with their names and ages. Approved June 8, 1906.
Chapter 3438.- Employment offices. SECTION 1. The term person, used in this and subsequent sections of this act, means also a corporation, partnership, company, or association. The term employment agent or agency means any person who procures, offers to procure, promises to procure, attempts to procure, or aids in procuring, either directly or indirectly, help or employment for another, where any fee, remuneration, profit, or any consideration of any nature whatsoever is promised, paid, or is received therefor, either directly or indirectly. The term fee means every form or nature of fee, remuneration, profit, or consideration promised, paid, or received, directly or indirectly, for any service of whatsoever nature performed, offered to be performed, or promised to be performed by such employment agencies. The term applicant shall mean any person seeking work, employment, or engagement of any legal character. The term applicant for help shall mean any person or persons seeking help, employees, or performers in any legitimate enterprise.
Sec. 2. No person shall conduct, temporarily or otherwise, any employment agency or perform any of the acts authorized to be performed by an employment agency in the District of Columbia without procuring a license from the ('ommissioners of the District of Columbia as herein provided.
SEC. 3. An application for a license must be made in writing in the form prescribed by the Commissioners of the District of Columbia, and may be made at any time, and every license shall date from the first day of the month in which it is issued and shall expire on the thirty-first day of October following its issue, unless sooner revoked. Every application for such license shall
contain the full name of the applicant therefor, together with his place of residence hy street and number if so designated. If the applicant is a corporation, the application must specify the names and like addresses of the president, treasurer, and secretary thereof, or other officers performing corresponding duties and under different names; and the said Commissioners may, in their discretion, require the names and like addresses of all the officers, including the directors, of any corporate applicant for a license. If the applicant is a partnership or unincorporated association, the names and like addresses of all the members thereof must be specified in the application. The application must be subscribed by the applicant or applicants therefor, if natural persons, and if a corporation in the corporate name, by the president or chief officer thereof, attested by the secretary or assistant secretary, with the corporate seal attached, and each application must be acknowledged. Each application must state that the applicant or applicants is or are the person or persons who have the sole beneficial interest in the business established or to be established under said license, and also the place, by street and number and such other description as the Commissioners of the District of Columbia may determine, where it is proposed to conduct such employment agency. The said Commissioners may refuse to receive any application for such license which does not meet the requirements of this section. The Commissioners of the District of Columbia must be satisfied that the applicant is a person of good general character, or, if a corporation, that the officers thereof and those under whose direction the business of the employment agency is to be carried on are persons of good general character, and may for that purpose require any other statements to be made in the application for the license or otherwise which said Commissioners deem necessary. A license fee of twenty-five dollars shall be paid annually, which sum shall accompany each application for a license, which fee shall be returned if the license is not granted. Every application for a license shall be filed not less than one week prior to the granting thereof, and notice thereof shall be posted in the office of the assessor of said District, and a written protest may be made by any person against the granting of such license; and if said protest is made, the said Commissioners shall give a public hearing before a determination is made upon such application. Any person who conducts or intends to conduct a lodging house, separate and apart from such employment agency, shall not be granted a license unless the fact of conducting such lodging house is set forth in the application, which fact shall also be designated in the certificate of such license. The said Commissioners shall have power to reject any application for license and also to revoke any license for violation of or noncompliance with any of the provisions of this act in addition to any other penalty in this act provided.
Sec. 4. Each application for a license shall be accompanied by a bond, in due form, to the District of Columbia in the penal sum of one thousand dollars, with two or more