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constituted for the purpose of enabling a judge thereof to direct men what they should or should not do. The process of injunction, which amounts to that, finally became a part of the law in its equity branch, by necessity, but it never was intended that it should be used except in extreme cases. It was never intended that it should be used where any other remedy existed. It was never intended to be used except to prevent irreparable injury, and it was always intended that it should be used with extreme caution and only in extreme cases.
In case at bar the property rights of Underhill have been violated. A wrong has been committed and is being committed upon him. lle is entitled to a remedy for the wrong done, and is entitled to have the commission of the wrong stopped. The law of this State attord, him a remedy, full and complete. The remedy lies in the criminal branch of the judiciary. It is not a case for the interposition of equity. It is not within my power, and I hope never will be within the power of any judge in Kentucky, to hear the evidence, convict and punish a man for wrongs such as these. Before any penalty should be inflicted upon him, twelve men ought to hear the evidence and bring in a verdict of guilty.
The court of appeals of this State has never accepted the doctrine contended for by plaintiff's counsel in this cause. It has never substituted a judge in the place of a jury. It has not converted a chancellor into an inquisitor. It has not undertaken to indetinitely and obscurely extend the powers and widen the authority of the judges of this Com monwealth. There is nothing in the law of Kentucky which renders it obligatory upon me to here use the process of injunction. I will not undertake to usurp the powers and prerogatives of a jury and to exercise arbitrary power by means of the process of injunction until the law in this State on the subject becomes so plain as to make it my duty so to do.
There is filed with the petition a poster, addressed to the citizens of Covington, and making this statement: "The following-named master plumbers are unfair to organized lahor: J. T. Underhill”—and others not necessary to here mention. This poster was issued by these defendants, and it is here made a subject of complaint. The allegations of the poster amount to a conclusion or an opinion on the part of those issuing it. They had a right to issue it, and if untrue and a damage to the plaintiff, then those issuing it must bear the consequence.
In the light of these views, and after a careful examination of all the authorities accessible relied on by plaintiff, I am of the opinion that the petition as amended does not present a state of case justifying the process of injunction, and the motion for temporary injunction is therefore overruled.
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 us published.]
ACTS OF 1900–1901,
Act No. 256.--Public printing to be done within the State, etc. SECTION 1. Section 3395 of the Code of 1896 [shall] be amended so as to read as follows: The printing and binding embraced in class 4 must be done at the seat of government, and all other printing and binding enumerated in classes 1, 2, and 3 must be done within the State of Alabama: Provided, howerer, That if the owners of printing establishments in this State should at any time combine or agree together for the purpose of preventing competition for bids under this act, then in such event this act shall not be binding, and the printing of the State may be let to the lowest bidder, whether such bidder is a resident of this State or not.
Approved, December 13, 1900.
Act No. 311.-- Incorporation of the Southern Industrial Institute. SECTION 1. S. H. Shinn, Lyman Ward, L. A. Trimble, Mistress Athalia Johnson Irwin, M. M. Teague, R. A. Credille, R. J. Ownes, Thomas Chapman, Daniel B. Clayton, H. E. Newberry, and George M. Slaughter and their associates, are hereby incorporated under the name of the Southern Industrial Institute, and by such name shall have perpetual succession, may sue and be sued, plead and be impleaded as natural persons; may have, use and change a corporate seal, acquire, receive, own and hold real and personal property by giit, purchase, devise or bequest, to hold and use the same for the benefit of said Southern Industrial Institute; said corporation may sell, lease, or mortgage its real or personal property, stocks, bonds or choses in action, and may borrow or lend money: Proridled, That in making conveyances of real estate the deeds shall be signed by the president and countersigned by the secretary of said corporation.
Sec. 3. The purpose of said corporation shall be the establishment, organization and maintenance of an institution of learning of high grade for the education of the youth in industrial and manual training in all the useful industries, in the mechanic's arts, also to give training in literature, science and arts, to be located at Camp Hill, in Tallapoosa County, Alabama.
SEC. 5. The said board of trustees, in connection with the faculty of said institute, shall have authority to grant certificates of proficiency to those students who have creditably completed the prescribed course of study.
Approved February 8, 1901.
Act No. 483.- Laborers' contracts, etc.
SECTION 1.- Any person who has contracted in writing to labor for, or serve, another for any given time, or any person who has by written contract leased or rented land from another for any specified time, or any person who has contracted in writing with a party furnishing the lands, or the lands and the teams to cultivate it, either to furnish the labor, or the labor and teams to cultivate the land, with stipulations, express or implied, to divide the crops between them in certain proportion, and who before the expiration of such contract and without the consent of the other party, and without sufficient excuse, to be adjudged by the court, shall leave such other party, or abandon said contract, or leave or abandon the leased preinicts, or the land furnished as aforesaid, and who shall also make a second contract, either parol or written, of a similar nature or character to any of said aforementioned contracts, though differing in some particulars in the terms, stipulations or period of time, with a different person, without first giving notice to such persor of the existence of the said first contract, shall be guilty of a misdemeanor, and on conviction be tined not exceeding fifty dollars, or sentenced to hard labor for not exceeding six months, one or both, at the discretion of the court, if not tried by a jury, or at the discretion of the jury trying the same. And whenever such contract is made by two or more of such persons, the same shall be considered and held a several as well as a joint contract on their part: Provided, Tha: the provisions of this act do not apply to Blount, Cullman and Winston, Jackson and Marshall, Calhoun, Lee, Lawrence, Dekall), Morgan, Coosa, Jefferson, Mobile, Etowah, Baldwin, Butler, Escambia, Perry, Conecuh, Covington, Colbert, Franklin, Cherokee, Fayette and Washington counties.
Sec. 2. All laws and parts of laws, general or special, in conflict with the provisions of this be, and the same are hereby, expressly repealed.
Approved March 1, 1901.
Act No. 488.-Enticing employees.
SECTION 1. Section 5505 of the criminal code of 1896 [shall] be so amended as to read as follows: Enticing away servants, laborers, renters or share-croppers under written contract. Any person who knowingly interferes with, hires, employs, entices away or induces to leave the service or rented premises of another, or attenipts to hire, employ, entice away or induce to leave the service of another, any laborer, servant, renter, or share-cropper, who has contracted in writing with another person for any given time not to exceed one year, before the expiration of the time so contracted for, or who knowingly interferes with, hires, employe, entices away, or induces any minor to leave the services of any person to whom such service is lawfully cine, without the consent of the party employing or to whom such service is due, given in writing or in the presence of some credible person, must on conviction befined not less than tifty ($50) dollars, nor more than five hundred ($500) dollars, at the discretion of the jury, and in no case less than double the damages sustained by the party whom such laborer, servant, renter or share-cropper was induced to leave. One-half to the party sustaining such damage and the other half to the county: Prorided, That the provisions of this act do not apply to the counties of Covington, Jefferson, Dekalb, Blount, Lauderdale, Conecuh, Lawrence, Cherokee, Marshall, Coosa, Baldwin, But. ler, Escambia, Clay, Cullman, Colbert, Etowah, Fayette, and Franklin.
Approved February 27, 1901.
Act No. 514.-line regulations— Inspection, etc., of oil. Section 1. Only a pure animal or vegetable oil or other material that shall be as free from smoke as a pure animal or vegetable oil, and not the product or by-product of rosins, and which shall
, on inspection, comply with the test provided for in section 2 of this act, shall be sold or used for illuminating purposes in the mines in the county of Jefferson.
SEC: 2. All such miners' oils or other material used as a substitute therefor shall be inspected as provided for in this act before being offered for sale or sold for consumption for illuminating purposes in the mines of the county of Jefferson, and such inspection shall be conducted in the following manner: All such oils or other material must be tested on the basis of 60 degrees Fahrenheit. The specific gravity shall not exceed 24 degrees Tagliabue. The test shall he made in a glass jar one and five-tenths (1.5) inches in diameter by seven (7) inches in depth. The Tagliabue hyclrometer must be used. If the oil to be tested is in a congealed or solid state, it must be heated to a temperature sufficient to make it liquid, and if such temperature is in excess of 60 degrees Fahrenheit the proper deduction as per Tagliabue scale should be made. In testing the gravity of the oil or other material when possible, the reading of the hydrometer should be from below and the laut line which appears under the surface of the oil shall be regarded as the true reading. In case the oil or other material under test should be opaque or turbid one-half of the capillary attraction shall be deemed and taken to be the true reading. When the test is made under difficult circumstances an allowance of one-half degree may be made for possible error in parallox before condemning the oil or other material for use in a mine: Prorided, That oils sold in barrels or bulk in Jefferson County to be shipped to points outside of the county need not be inspected as required by this act.
SEC. 3. The board of revenue of the county of Jefferson shall at the first regular meeting after the passage of this act appoint a suitable person, a resident of such county, who is not interested in manufacturing, dealing, or vending any oil or other material used for illuminating purposes in mines, as county inspector of miners' oils, whose term of oflice shall be four (4) years from the date of bis appointment and until his successor is appointed and qualified. Such inspector, when so appointed and qualified, is hereby empowered to appoint as many assistants as he may deem necessary and said assistants are hereby empowered to perform the duties of inspection, but such county inspector shall be liable for the acts of such assistants appointed by him. Such county inspector may remove any of said assistants at will and appoint others in their places. It shall be the duty of such county inspector to provide himfelt and his assistants, at the expense of said county inspector, with the necessary instruments, apparatus, stencils, brands, stamps and labels, for testing and marking the quality of said miners' oils or other material, and to promptly inspect all oils or other materials mentioned herein. Such county inspector and his assistants are hereby required and it is made their duty to test the quality of all animal or vegetable oils or other material which is offered or intended to be offered for sale to be used for illuminating purposes in the mines of said county. If upon such testing or examination the same shall meet the requirements herein specified, then such inspector or assistant shall atlix, by stencil, label, or brand on any package, cask, tank, barrel, or other vessel containing the same, and by stamp or label subscribed with his official signature the words: “Jefferson County test — degreeg," with the number of degrees at which such oil or other material bore the test herein before provided for, and the date of such inspection, after which it shall be lawful for any manufacturer, vendor, or dealer to sell the same in the county of Jefferson for illuminating purposes in the mines of said county. But if the oil or other material so tested shall not meet the requirements he shallmark by stencil, label, or brand in plain letters, on any package, tank, barrel or other vessel containing the same and by a stamp or label subscribed with his official signature the words: “Rejected for illuminating purposes in the mines of Jefferson County,” giving the date of such inspection, and it shall be unlawful for the owner or the person in possession thereof to sell such oil or other material so branded as rejected, to be consumed within the county where the inspection was made for illuminating purposes in mines; and if any person shall sell or offer for sale such rejected oil or other material, he shall be deemed guilty of a misdemeanor, and upon conviction shall be subject to a penalty in any sum not more than five hundred dollars and may be also imprisoned in the county jail not exceeding thirty days or both at the discretion of the court or jury trying the same.
SEC. 4. If any person or persons or the agent of any person shall sell or attempt to sell to any person in the county of Jefferson any such oils or other materials, to be consumed within said county for illuminating purposes in the mines of said county before having the same inspected as provided in this act shall be deemed guilty of a misdemeanor and shall be subject to a penalty and upon conviction thereof shall be fined in any sum not more than five hundred dollars and may also be imprisoned in the county jail not exceeding six months, or both, at the discretion of the court or jury trying game.
Sec. 5. Any person who shall knowingly use for illuminating purposes in the mines of the county of Jefferson any oil or other substance used as a substitute therefor before the same has been duly inspected and approved as required by this act shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not more than two hundred dollars.
Sec. 6. Any person selling or in any way disposing of an empty or partly empty þarrel, cask, package, or other vessel which has been branded, stamped, or labeled by the inspector or assistant inspector as required by section 3 of this act before thoroughly cancelling, removing, and effacing the inspection brand on same, shall be deemed guilty of a misdemeanor and upon conviction shall be fined for each offense in any sum not more than fifty dollars and may also be imprisoned in the county jail for not more than sixty.days.
Sec. 7. It shall be the duty of said county inspector or his assistants to inspect the miners' oils or other material used as a substitute therefor within two davs aiter its receipt in said county and any inspector or assistant who shall purposely or willfully fail to comply with the provisions of this section shall be deemed vuilty of a misdemeanor and upon conviction shall be fined in any sum not more than two hundredi dollars.
Sec. 8. Any person not a duly authorized inspector or assistant who shall brand with any inspector's brand, stamp, or label any barrel, cask, package, tank, or other vessel containing oil or other material for illuminating purposes in the mines of the county of Jefferson or any person who shall fill or cause to be filled for use any package, cask, barrel, tank, or other vessel having an inspector's brand thereon without first having the oil or other material inspected and approved as this act provides, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not more than three hundred dollars.
Sec. 9. No inspector or assistant shall while in office traffic, directly or indirectly, in any article which may be used for illuminating purposes in the mines of the coun'y of Jefferson and in case of any violation of this section by the inspector or his assistants, he shall be deemed guilty of a misdemeanor and upon conviction thereoi shall be fined in any sum not exceeding five hundred dollars and shall be removed froin otlice as such inspector or assistant by the appointing board. All controversies an: disputes arising at any time between the inspector and the manufacturers or dealers in reference to the correctness of the test and inspection shall be submitted to the State chemist at Auburn for decision and the decision of such chemist shall be final.
SEC, 10. Every package, cask, barrel, or other vessel containing miners' oil, or substitute therefor, shall be duly and carefully inspected and the same shall not le marked as approved until the material therein shall have been inspected as hereinbefore provided. Any inspector or assistant who shall violate the terms of this see tion shall be removed from oflice by the appointing board when the offense has been proven to the satisfaction of such appointing board.
Sec. 11. The county inspector or his assistants within said county shall have the power to enter any place or building where oils or other materials as before deviza nated in this act are kept in store for sale or consumption in said county; they shall have the power also to reinspect any miners' oils or substitute therefor in said county which they have reason to suspect is below the standard required by law; provieleil no fee shall be charged for such reinspection.
SEC. 12. As full compensation for his services the county inspector shall receive three-fourths () of a cent per gallon if inspection of such oils or other materials is made in quantities in bulk not less than five thousand gallons. If inspected in bulk in less quantities than five thousand gallons, one (1) cent per gallon; if inspected in barrels or other vessels other than tanks he shall receive two (2) cents per gallon, and railroad fare and other expenses if the inspector has to go outside the town where he makes his office to inspect same. In no case shall any fees greater or less be charge than those herein provided for. In all cases the articles inspected shall be held subject to the payment of the fees which shall be a lien on the oil or other material inspected, whether in the hands of the carrier, agent, or owner, and it shall be unla rful for any person or persons to remove any oils or other material inspected as herein provided without first discharging such fees. Any carrier, bailee, or other persons paying such fees shall have a lien on the oil or other material for the amount of the fee so paid.
Approved February 27, 1901.
Act No. 731.- Trade marks, etc., of trades unions. SECTION 1. Whenever any union or association of workingmen shall adopt and use and shall file in the office of the secretary of state, as hereinafter provided, any label or device for the purpose of designating and distinguishing any goods, wares, or merchandise or other product of labor as having been made, manufactured, produced, or prepared by such association or union of workingmen or by a member or members of such association or union, it shall be unlawful for any person to counterfeit or imitate such label or device or to alter such counterfeit or imitation or to attach such label or device, or any counterfeit or imitation thereof, to any goods, wares, merchandise, or other product of labor without the consent of such association or union, and any person who counterfeits or imitates such label or device or alters such counterfeit or attaches such label or device or any counterfeit or imitation thereof to any goods, wares, or merchandise, or other product of labor without the consent of such association or union, shall be guilty of a misdemeanor, and may be punished by a fine not exceeding one hundred dollars.
SEC. 2. Before such label or device shall be entitled to the protection hereby afforded, such association or union of workingmen shall file a copy or fac simile of such label or device in the office of the secretary of state, and shall pay a fee of one dollar for such filing.
Sec. 3. All laws or parts of laws in conflict herewith be and the same are hereby repealed.
Approved March 1, 1901.