to the property of others, and that combination is clearly against the criminal laws of the State, a court of equity may intervene to protect the property right, even though the criminal courts may also be resorted to for enforcing the penalties imposed. Such seems to be the current holding of the courts in this country. Yet, where there is serious doubt as to the facts alleged constituting a crime, it would seem best to leave the solution of the doubt to the forum appointed by the constitution directly and specifically for the trial of criminal

causes.

We regret that we are unable to throw light upon this much vexed live question of the hour. Following the correct principle and the weight of the modern American cases, in so far as we are able to ascertain the principle and the weight, we find no error in the modification of the injunction, and therefore it is affirmed.

LIABILITY OF EMPLOYER FOR ACTS OF EMPLOYEES-TORTSACTS OF VIOLENCE DURING STRIKE-Shay v. American Iron and Steel Manufacturing Company, Supreme Court of Pennsylvania, 67 Atlantic Reporter, page 54.—Sallie E. Shay brought an action in the court of common pleas of Lebanon County to recover damages for injuries inflicted by employees of the company named during a strike. On hearing the court discharged the defendant, entering a compulsory nonsuit, which it refused to take off. An appeal was taken to the supreme court to secure the removal of the nonsuit, but failed. The supreme court adopted the opinion of the court below in full, which presents the facts, and from which the following is quoted:

The plaintiff is the owner of a house and a lot of ground, situated on Weidman street, in the city of Lebanon, and alleges that on September 20, 1902, several bullets were fired into her dwelling house by employees of the defendant company, damaging her house, and by reason whereof she was frightened and shocked, thereby causing her to be permanently injured.

From the testimony produced by the plaintiff it appears that at the time of the alleged injury a large number of the employees of the defendant company were on a strike, and that on the afternoon of September 20, 1902, a carload of colored men, who were engaged to work for defendant, arrived at Lebanon, and were taken to its works inside of the fence inclosing the said works. In taking said car with said colored men from the station to the works, they were followed by a crowd of men and boys, some of whom jumped on the platform of the car, opened the door, and called them vile names, to which no reply was made by anyone inside of the car. When the colored men left the car, at the works inside of the inclosure, the persons congregated on the outside commenced to throw stones and other missiles into the inclosure. A number of shots were then fired from the inside and also from the outside. During this time it is alleged, and sworn to by the plaintiff, that a bullet was fired through a secondstory window of her house at or near where she was standing, facing the defendant's works, and which was afterwards found embedded in the wall of the house and which produced the said fright and shock.

An attempt was also made by the plaintiff to prove that the men brought there that day were armed by the defendant company or at their direction, but failed. The evidence produced by the plaintiff shows that those of the men who had revolvers had them without the knowledge of the defendant company, and did the shooting that was done against the protest of the persons who had charge of them; that the colored men were not hired to protect the works or the property of the company, but to operate its works; and that the discharge of firearms was not in the course of their employment.

Assuming, for the purpose of this motion, that the bullets fired into the plaintiff's house were fired by employees of the defendant company, it does not follow that the defendant is liable in damages for injury done to her dwelling or injury caused to her person by fright and shock. The law is well settled that a master is only liable for injuries resulting from the willful conduct of his servants if inflicted within the scope of his authority or employment. (Railway Co. v. Donahue, 70 Pa. 119; Snodgrass v. Bradley, 2 Grant, Cas. 43; Pennsylvania Co. v. Toomey, 91 Pa. 256; Scanlon v. Suter, 158 Pa. 275, 27 Atl. 963; Rudgeair v. Traction Co., 180 Pa. 333, 36 Atl. 859.)

It is contended by the plaintiff's attorneys that the discharge of the firearms, by the defendant's employees, was malicious and the evidence produced by the plaintiff justifies the contention. Those who discharged the firearms at the plaintiff's house did so wantonly and recklessly, and were guilty of a criminal offense; and unless it was done within the scope of their employment or by the direction of the employer, and there is no evidence that it was done within the scope of their employment, or by the authority of the employer, the defendant can not be held liable in damages for injuries suffered by the plaintiff.

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 cumulative index of these later enactments is to be found on page 655 et seq. of this issue.]

ARIZONA.

ACTS OF 1907.

CHAPTER 13.-Employment of women and minors in saloons.

SECTION 1. It shall be unlawful for the owner of any saloon within the Territory of Arizona to permit any woman or minor, either for hire or otherwise, to sing, to recite, to dance, to play on any musical instrument, to give any theatrical or other exhibition, to drink, serve drinks or any other form of refreshment or viands, or to solicit for the purchase of [or] sale thereof; to engage in, or to take part in, any game of chance or amusement, or to loiter in any saloon or in any room or apartment, except the lobby of a legitimate hotel, opening from or into any saloon within the Territory

of Arizona.

SEC. 2. Any person who shall violate any provision of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than fifty dollars, nor more than three hundred dollars, or by imprisonment in the county jail for not less than thirty days or more than one hundred and eighty days, or by both such fine and imprisonment in the discretion of the court. Approved March 5, 1907.

CHAPTER 34.-Exemption of wages from garnishment.

SECTION 1. Paragraph 388 of the Revised Statutes of Arizona, 1901, is hereby amended to read as follows:

That one-half of the earnings for personal services rendered at any time within thirty days next preceding the service of the writ shall not be subject to garnishment when it shall be made to appear by the affidavit of the debtor that such earnings are necessary for the support of his family, residing within this Territory, and supported wholly by his labor.

Approved March 14, 1907.

CHAPTER 67.-Employment of children-School attendance.

SECTION 2. Paragraph 2231, title 19, chapter 11, of the Revised Statutes, is hereby amended so as to read as follows:

Paragraph 2231. No child under the age of fourteen years shall be employed by any person, persons, company or corporation during the school hours of any school day of the school term of the public school in the school district where such child resides, unless such child has been excused from attendance on instruction, as provided in this section. Every such employer shall require proof that such child has been excused from such attendance, and shall keep a record of such proof, which shall be open to the inspection of any peace officer or school trustee of the district. Any employer employing any child contrary to the provisions of this section shall be deemed guilty of a misdemeanor, and liable to a fine of not less than twenty-five ($25.00) dollars, nor more than one hundred ($100.00) dollars, to be placed to the credit of the school fund of the district. Every parent, guardian, or other person in the Territory of Arizona, having control of any child between the ages of eight and fourteen years (or of any child of the age of fourteen and under the age of sixteen, who is

unable to read and write in the English language), shall be required to send such child to a public school or private school taught by a competent instructor for a period of six schools [school] months of which twenty school weeks shall be consecutive, in each school year, said child to begin attendance on school within two weeks after the opening of school for the admission of pupils: Provided, That such parent, guardian or other person having control of such child shall be excused from such duty by the board of trustees of the district whenever it shall be shown to its satisfaction that one of the following reasons exist therefor:

1. That such child is taught at home by a competent instructor in the branches taught in the primary and grammar schools of the Territory.

2. That such child has already completed the grammar school course prescribed by the Territorial board of education.

3. That such child is in such physical or mental condition (as declared by a competent physician, if required by the board) to render such attendance inexpedient or impracticable.

4. That circumstances rendering attendance impracticable or dangerous to health, owing to unusual storm, or other sufficient cause, shall work an exemption from the penalties of this act.

Approved, March 21, 1907.

CHAPTER 72.-Mine regulations-Signals.

SECTION 1. Every person, company, corporation or individual, operating any mine within the Territory of Arizona, gold, silver, copper, lead, coal or any other metal or substance where it is necessary to use signals by means of bell or otherwise, for shafts, inclines, drifts, crosscuts, tunnels and underground workings, shall after the passage of this bill adopt, use and put in force the following system or code of mine bell signals as follows:

1. Bell to hoist.

1. Bell to stop.

2. Bells to lower.

2, slow. Bells to lower slow.

3. Bells to hoist slow, men on cage.

3, slow. Bells to hoist very slow.

2-1. Bells 1st station.

2-2. Bells 2nd station.

2-3. Bells 3rd station.

2-4. Bells 4th station.

3-1. Bells 5th station.

3-2. Bells 6th station.

3-3. Bells 7th station.

4-1. Bells 8th station.

4-2. Bells 9th station. 4-3. Bells 10th station.

4-4. Bells 11th station.

5-1. Bells 12th station.

5-2. Bells 13th station.

5-3. Bells 14th station.

5-4. Bells 15th station.

5-5. Bells 16th station.

6-1. Bells 17th station.

6-2. Bells 18th station.

5. Bells for blasting.

6. Bells, turn on or off steam to pump.

7. Bells, accident in shaft; wait for orders.

8. Bells, turn on or off air.

Engineer's signal that he is ready to hoist, is to raise the bucket or cage, two feet and lower it again.

SEC. 2. For the purpose of enforcing and properly understanding the above code of signals, the following rules are hereby established:

Rule 1. In giving signals, make strokes on bell at regular intervals. The bar (—) must take the same time as for one (1) stroke of the bell, and no more.

Rule 2. No person must get off or on the bucket or cage while the same is in motion. When men are to be hoisted or lowered give signal for men. Men must then get on the bucket or cage, then give the signal to hoist or lower. Bell cord must be in reach of man on the bucket or cage at stations.

16251-08-16

Rule 3. After signal "Ready to shoot in shaft," engineer must give signal when he is read [ready] to hoist. Miners must then give the signal "men to be hoisted," and then "spit fuse," get into the bucket, and give signal to hoist.

Rule 4. All timbers, tools, etc., "longer than the depth of the bucket," to be hoisted or lowered, must be securely lashed at the upper end to the cable.

Rule 5. The foreman will see that one printed sheet of these signals and rules for each level and one for the engine room are attached to a board not less than twelve (12) inches wide by thirty-six (36) inches long, and securely fasten board up where signals can be easily read at the places above stated.

Rule 6. The above signals and rules must be obeyed. Any violation will be sufficient grounds for discharging the party or parties so doing. No person, company, corporation, or individuals, operating any mine within the Territory of Arizona, shall be responsible for accidents that may happen to men disobeying the above rules and signals. Said notice and rules shall be signed by the person or superintendent having charge of the mine, who shall designate the name of the corporation or the owner of the mine.

SEC. 3. Any person or company failing to carry out any of the provisions of this act shall be responsible for all damages arising to or incurred by any person working in said mine during the time of such failure.

Approved March 21, 1907.

CHAPTER 79.--Exemption of wages from execution.

SECTION 20. One-half the earnings of the defendant for his personal services rendered at any time within thirty days next preceding the levy of the execution or attachment shall be exempt when it appears by the affidavit of such defendant, or otherwise, that such earnings are necessary for the use of his family, residing in this Territory, supported in whole or in part by his labor.

Approved March 21, 1907.

CALIFORNIA.

ACTS OF 1907.

CHAPTER 51.-Attorneys' fees in suits for wages.

SECTION 1. Section nine hundred and twenty-four of the Code of Civil Procedure is hereby amended so as to read as follows:

924. The prevailing party in the justices' courts is entitled to costs of the action, and also of any proceedings taken by him in aid of an execution, issued upon any judgment recovered therein. In actions for the recovery of wages for labor performed, the court shall add, as part of the costs in any judgment recovered by the plaintiff, an attorney'[s] fee not exceeding twenty per cent of the amount recovered. Approved February 28, 1907.

CHAPTER 97.--Liability of employers for injuries to employees.

SECTION 1. Section 1970 of the Civil Code of the State of California is hereby amended so as to read as follows:

1970. An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business, unless the negligence causing the injury was committed in the performance of a duty the employer owes by law to the employee, or unless the employer has neglected to use ordinary care in the selection of the culpable employee: Provided, nevertheless, That the employer shall be liable for such injury when the same results from the wrongful act, neglect or default of any agent or officer of such employer, superior to the employee injured, or of a person employed by such employer having the right to control or direct the services of such employee injured, and also when such injury results from the wrongful act, neglect or default of a coemployee engaged in another department of labor from that of the employee injured, or employed upon a machine, railroad train, switch-signal point, locomotive engine, or other appliance than that upon which the employee is injured is employed, or who is charged with dispatching trains, or transmitting telegraphic or telephonic orders upon any railroad, or in the operation of any mine, factory, machine shop, or other industrial establishment.