SEC. 7. The expenses of this department shall in no case exceed $4,000 per annum. SEC. 8. The office of inspector of mines is hereby consolidated with the office herein created and the duties, etc., of such mine inspector, in addition to those above set out, shall be the same as in chapter 247 of acts of 1887, creating the office of mine inspector. The purpose of this act is to consolidate the above office with that of mine inspector, and to repeal only so much of said chapter 247 of acts of 1887 as conflicts with the provisions of this act, and so much of said chapter 247 of said acts of 1887-as does not conflict herewith is hereby reenacted.

ACTS OF 1891, EXTRA SESSION.

CHAPTER 5.-Payment of wages.

SECTION 1. All persons, firms, companies, or corporations engaged in constructing and building railroads, or in mining coal, ore, or other minerals, or mining and manufacturing them or either of them, or manufacturing iron or steel, or both, or any other kind of manufacturing, shall pay their laborers and employees the amounts due them for their work or service in lawful money of the United States, or by cash order as described and required in section 2 of this act; and shall adjust accounts with their laborers and employees at least once in every thirty days; Provided, That if the employer and employee fail in their adjustment to agree upon the amount due the laborer, and the courts have to settle the question in controversy, the penalty herein provided shall not apply; Provided, That nothing herein contained shall affect the right of such laborer or employee to assign, in whole or in part, his claim against his employer.

SEC. 2. It shall not be lawful for any person, firm, company, or corporation engaged in the business set forth in section 1 of this act, or for their clerk, agent, officer, or servant, to issue for payment of labor any order or other paper whatever, unless the same purports to be redeemable for its face value in lawful money of the United States, bearing interest at legal rate, made payable to employee or bearer, and redeemable by the person, firm, company, or corporation giving, making, or issuing the same; and any person, firm, company, or corporation engaged in the business aforesaid, their clerks, agents, officers, or servants who shall be guilty of a violation of section 1 or 2 of this act, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding two hundred dollars and not less than fifty dollars, in the discretion of the court.

CHAPTER 13.-Convict labor.

SEC. 1. Any person or persons who shall in any way hinder, interrupt, or interfere with the working of convicts or workhouse prisoners, whether they be in the main or branch prisons, or workhouses, in mines, factories, or on farms, roads, or anywhere else, shall be guilty of a felony, and, on conviction of the same, shall be confined in the penitentiary at hard labor for not less than one nor more than five years.

SEC. 2. Any person or persons, or their accomplices, who shall be the leader or leaders of any mob or squad of persons who shall, in any way, hinder, interrupt, or interfere with the working of convicts or workhouse prisoners, whether they be in the main or branch prisons, or workhouses, in mines or factories, or on farms, public roads, or anywhere else, shall be guilty of felony, and, on conviction of the same, shall be confined at hard labor in the penitentiary for not less than one nor more than seven years.

SEC. 3. The judges of the circuit and criminal courts are hereby directed to give this act in charge to the grand juries in this State, and in all investigations and prosecutions for violations of this act, the grand juries of the counties shall have inquisitorial power.

ACTS OF 1893.

CHAPTER 78.-Convict labor.

SECTION 2 (as amended by chapter 7, acts of 1895, extra session). There shall be erected for the custody, care and maintenance of the convicts of the State, a penitentiary, with the hereinafter indicated appurtenances and incidents thereto, namely: Said penitentiary shall be located upon the farm purchased by the State from M. S. Cockrill, near Nashville, Tennessee.

SEC. 3 (as amended by chapter 7, acts of 1895, extra session). The said main prison or penitentiary shall, together with the immediate premises thereto, be of

such sufficient dimensions and capacity as to provide for the custody and care of not less than eight hundred and twenty convicts, and shall be of thorough workmanship, substantial in character, and complete adaptation to the purposes of its construction, with approved modern plans and appointments, including a chapel and a hospital or hospitals thereunto attached. And said main prison or penitentiary, and its appurtenances and incidents shall be managed and conducted upon just, humane and civilized principles. There shall be enacted [erected] in connection with said main prison or penitentiary, within its outer walls, such buildings and workshops as may be deemed necessary to utilize the labor of the convicts of the State in diversified industries.

SEC. 4 (as amended by chapter 7, acts of 1895, extra session). Said main prison or penitentiary shall be so constructed as to provide for the grading and classification of convicts in such a manner as shall be most conducive to prison discipline and the moral status of the inmates, and, among other things that may be advis able for this purpose to provide:

Subsection 1. For the keeping of male and female convicts separate and apart, so they may not come in contact with each other in the work and management of said prison.

Subsection 2. For the keeping separate and apart from the other inmates of the prison, minors under the age of eighteen years, and such convicts as appear to be corrigible or less vicious than others, and susceptible to control and observance of prison laws, and disposed to maintain themselves by honest industry after their discharge from said prison.

Subsection 3. For the keeping separate and apart from the other convicts such convicts as appear to be incorrigible or more vicious, but so competent as to work, and reasonably obedient to prison discipline as not to seriously interfere with the productiveness of the labor of other convicts with whom they may be employed. Subsection 4. For the keeping separate and apart from the other convicts, such convicts as may appear to be incorrigible, or so insubordinate or incompetent (otherwise than from ill health), as to seriously interfere with the discipline or productiveness of their own labor or the labor of the prison.

Subsection 5. For the keeping separate and apart of white and colored convicts, except when actually engaged in work or employment.

Subsection 6. But it shall be lawful to transfer, for good and sufficient cause, any convict from one grade or class to another grade or class, under such rules and regulations as may be adopted for the discipline and management of the convicts.

Subsection 7. Only one convict shall be confined in each cell, unless absolutely necessary to confine more than one.

SEC. 5 (as amended by chapter 7, acts of 1895, extra session). To carry into effect the objects of this act, the governor of the State of Tennessee is hereby empowered and directed, as soon as practicable, after the passage of this act, to appoint three (3) citizens of the State to be known as the board of prison commissioners, upon whom full power and authority is hereby conferred to carry out the provisions of this act, subject to such restrictions and instructions as are here set out in this act. Said persons shall be men of recognized integrity and good business capacity, and thoroughly competent and skilled for the duties herein imposed, one of whom shall be a practical mechanic and builder, of recognized ability. Said committee shall devote all of their time to the duties prescribed in this act.

SEC. 6 (as amended by chapter 7, acts of 1895, extra session). In the performance of the duties herein indicated, said board of prison commissioners is instructed, as follows:

Subsection 4. Said board may, in its discretion, cause the penitentiary building contemplated by this act, to be erected, either by contract, in which the contractor furnishes the labor, or by contract, in which the State furnishes to the contractor or contractors, upon reasonable terms, convict labor, to be used, as far as practicable, in the erection of said buildings; or by the said commissioners undertaking, under its own supervision and control, the erection of the same, and utilizing, as far as practicable, convict labor for that purpose. In the event of the adoption of either of the last two methods, said committee is authorized to negotiate with the present lessees of the State for the use of such convict labor as may be advisable. SEC. 11 (as amended by chapter 7, acts of 1895, extra session). In case convict labor should be used in carrying out the provisions of this act, the supervision, management, and control of the convicts so used shall be regulated and governed by the laws in force in the State as to the labor of convicts, and as fixed in this act.

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SEC. 15 (as amended by chapter 7, acts of 1895, extra session). If, under this act, convict labor should be furnished by the State to any contractor or contractors, the said board of prison commissioners shall be required to keep an accurate record of the number of convicts so used, and the amount of hire and labor of each, the cost of the care and maintenance of each, and an itemized statement of the same, and of all matters pertaining to the use of said convicts, and make a monthly specific report to the auditing board hereinbefore named.

SEC. 18 (added by chapter 7, acts of 1895, extra session). The said board of prison commissioners are authorized to make contracts for the sale of coal and coke of the state mines, and to dispose of all articles manufactured by the convicts for the State to the best interests of the State, and pay the proceeds into the state treasury. No contracts in reference to the labor or products of convicts shall be binding for a longer date than thirty days after the adjournment of the succeeding regular session of the legislature. The mining engineer and other officials in charge of the mines, prisons and convicts, shall make monthly reports to the board of prison commissioners of all expenses, receipts and transactions connected with the same; and said board shall make full and complete detailed reports of everything transpiring or connected with the state mines, prisons and convicts, every three months, to the state treasurer, and also make at the same time full settlements with the state treasurer for all moneys received, or which should have been received by said board and other state officials or agents connected with said state mines, prisons or convicts.

SEC. 19 (added by chapter 7, acts of 1895, extra session). It shall be the duty of the prison commissioners to lease for the best interest of the State such of the convicts as cannot be used in the mines of the State or upon its farm, or in the construction of such parts of the walls, buildings or appurtenances of the new penitentiary as may not be let under contract; said lease to be governed, touching the welfare, guarding and working of the convicts, by the terms of the present lease, as also the terms of the bonds and security to be exacted of the lessees.

SEC. 20 (added by chapter 7, acts of 1895, extra session). From and after the expiration of the present lease, on the 31st day of December, 1895, or sooner, if the necessity should arise, said board of prison commissioners shall assume the management and control of all the prisoners remaining in the old or new prisons, or at the mines at Brushy Mountain or elsewhere, and shall keep them employed in said mines and prisons or farm, or elsewhere in this State, in such manner, and at such labor, and under such leases or contracts, as will least come in conflict with free labor. And they are authorized to make, with the approval of the governor and attorney-general, secretary of state, comptroller and treasurer, all contracts necessary for the employment of said convicts in said mines and prisons, and for leasing any number or overplus of said convicts for whom employment can not be had at such farm, mines and prisons; and they are further authorized to sell and dispose of the products of the labor of said convicts, and directed to pay the proceeds to the state treasurer.

CHAPTER 149.-Mobs, unlawful assemblies, etc.

SEC. 1. That the governor be, and is hereby, invested with full powers and authority to summon, call out, maintain, and use the forces hereinafter designated and placed at his disposal for the purpose of repelling any invasion of the State, and to suppress all insurrections, mobs, and other like unlawful assemblages, whether existing or imminent, that shall in his opinion be too formidable for the local county authorities, or shall threaten, to any serious extent, the immediate interests of the State. He is authorized to keep said force, or so much thereof as he may deem necessary, in the employ of the State so long as the necessity therefor appears to exist.

SEC. 2. The governor shall have, for the purpose aforesaid, the power and authority to summon and call to his aid the sheriff of each and every county in the State; with such posse, or number of citizens of his county, as may be designated in the summons; or the governor may summon and call to his aid the state guard of Tennessee, which, for purely State purposes, is declared and shall be known as the army of Tennessee, and of which, considered as a military band, the governor is commander-in-chief; or, if deemed necessary, he may summon both said forces. In the event said military force be summoned or called out, it shall be subject to the discipline and shall receive the pay prescribed by military laws of the State as the means of rendering it most efficient, but shall be used and wielded by the governor, so far as practicable and the circumstances will admit, as a civil force or power, and for the purpose alone of upbuilding the civil law. If the sheriffs and posse are called or summoned by the governor for the purpose aforesaid, they shall

likewise be subject to the discipline and shall receive the pay prescribed by the military law of the State for those engaged actively in that service. The governor shall have command and control of said forces.

SEC. 3. The governor is authorized to purchase all necessary supplies for said forces while in active service, and for that and their compensation to draw upon the public treasury, to be paid out of any funds that shall be appropriated for that purpose.

CHAPTER 159.-Employment of children.

SEC. 1. It shall be unlawful for any proprietor, foreman, owner, or other person to employ any child less than twelve (12) years of age in any workshop, mill, factory, or mine in this State.

SEC. 2. If any proprietor, foreman, or owner should not be informed as to the age of the child, he or they can request the parent or guardian to furnish a sworn statement, which shall be sufficient proof of the age of the child.

SEC. 3. Any proprietor, foreman, or owner employing a child less than twelve (12) years of age, or any guardian or parent giving such sworn statement for a child less than twelve (12) years of age, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than fifty (50) dollars nor more than five hundred (500) dollars.

ACTS OF 1895, REGULAR SESSION.

CHAPTER 51.-Exemption from execution, etc.-Roughness.

SECTION 1. The exemption laws shall be so changed as to read, there shall be exempt to the heads of families $35 worth of roughness, to consist of oats, fodder and hay, or either of them.

CHAPTER 60.-Industrial training in reformatory institutions.

SEC. 1. The various counties of this State, through their county courts and the various cities and towns through their councils and governing boards, shall have power, and it shall be their duty, when in their discretion the condition of their finances and the population justify it, to establish, erect and maintain in their counties, reformatory institutions for the reformation, correction, employment, instruction and education of neglected, evil disposed, vicious or incorrigible youths of both sexes.

SEC. 9. The board [of trustees of such reformatory institution] shall have the power to make, establish and enforce rules and regulations for its own government and the government and control of the institution, its officers and inmates, and make contracts for supplies and the labor of the inmates.

SEC. 25. The board [of trustees of such reformatory institution] shall have the power to place infants committed to its care, during their minority, at such employment for account of the institution or otherwise, and cause them to be instructed in such branches of useful knowledge as may be suited to their years and capacity.

SEC. 38. The inmates of such reformatory institution shall receive such education and be instructed in such branches of industry--agricultural, mechanical or otherwise—as the board [of trustees of such reformatory institution] from time to time may determine, the reformation of such inmates and their preparation for usefulness being kept in view by the administration of the institution; and for the purpose the board may acquire by purchase or lease, farms or other property, and may carry on branches of industry that are thought to be conducive to these ends.

SEC. 41. The board [of trustees of such reformatory institution] shall have the power, whenever sufficient funds are at their command, whether furnished by the State or county, or by individual donations, or from the current revenues, to purchase all needed materials for manufacture, and to sell the products thereof, and of the farm or farms, and such proceeds may be used for the purposes of the institution; but detailed reports of all receipts from these or other sources, except appropriations, shall be reported quarterly to the comptroller of the State. The products of such institutions shall not be sold lower than the ruling market prices for such commodities.

CHAPTER 120.-Exemption from taxation.

SEC. 2. Property herein enumerated, and none other, shall be exempt from ad valorem taxation.

6. All growing crops of whatever nature or kind, the direct product of the soil, in the hands of the producer or his immediate vender, and manufactured articles from the products of this State in the hands of the manufacturers.

7. Personal property, to the amount of $1,000, in the hands of each resident taxpayer.

CHAPTER 192.-Exemption from garnishment, etc.—Wages.

SEC. 1. Hereafter no attachment or garnishment shall be issued to attach or garnishee the future salary or wages of any employee, or other person; but any such attachment or garnishment shall only be for salary or wages due at the date of the service of the garnishment or attachment.

ACTS OF 1895, EXTRA SESSION.

CHAPTER 2.-Riots, etc.

SECTION 19. Whenever there is within the borders of the State an insurrection, riot, or violence of any kind, the magnitude of which so threatens the peace and dignity of the State as to make it necessary for the governor to call out the militia, or call to their aid the sheriffs of the State to suppress same, in accordance with the provisions of chapter 8, acts of 1891, extra session, the governor shall have the right to purchase all supplies, pay for the maintenance of the militia and the posses, and shall draw upon any funds in the treasury for that purpose.

TEXAS.
CONSTITUTION.

ARTICLE 3.-Local or special laws regulating labor, etc., not to be passed.

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SECTION 56. The legislature shall not, except as otherwise provided in this constitution, pass any local or special law, * regulating labor, trade, mining and manufacturing; * * *

ARTICLE 8.-Exemption from taxation.

SEC. 1.

The legislature may *

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tax incomes of both natural persons and corporations, other than municipal, except that persons engaged in mechanical and agricultural pursuits shall never be required to pay an occupation tax; Provided, That two hundred and fifty dollars' worth of household and kitchen furniture, belonging to each family in this State, shall be exempt from taxation; *

ARTICLE 16.-Exemption from garnishment-Wages.

SEC. 28. No current wages for personal service shall ever be subject to garnishment.

ARTICLE 16.-Protection of wages of laborers on public works.

SEC. 35. The legislature shall, at its first session, pass laws to protect laborers on public buildings, streets, roads, railroads, canals and other similar public works, against the failure of contractors and subcontractors to pay their current wages when due, and to make the corporation, company or individual for whose benefit the work is done, responsible for their ultimate payment.

ARTICLE 16.-Mechanics' liens.

SEC. 37. Mechanics, artisans and material men, of every class, shall have a lien upon the buildings and articles made or repaired by them, for the value of their labor done thereon, or material furnished therefor; and the legislature shall provide by law for the speedy and efficient enforcement of said liens.