§ 28. Charitable Funds, Relief Societies, Etc. -The institution by large railroad corporations of charitable or relief funds has been usual in England, and it has met with general approval in this country. Many such funds have been established, and some of them, as in the case of the Pennsylvania and the Chicago, Burlington and Quincy Railroads, now amount to sums ranging in the millions of dollars. They have generally effected an economic saving and have been supposed to be beneficial to the employee as insuring him against accident or physical incapacity, and to the employing company as protecting it against groundless suits, and especially to both as tending to more cordial and permanent relations between the company and its employees. Membership in such societies, or participation in such funds, undoubtedly tends to prevent strikes, to discourage the employees from forfeiting their rights by misconduct or by unreasonably leaving their employment. It has been common in the constitution of such relief societies to require that the members should enter into contract not to sue the company in the courts for injuries occurring in the course of their employment. But such contracts have lately been held illegal,' even although the in

1 Miller vs. C. B. & Q. R. R., 65 F. R., 305; C. B. & Q. R. R., v. Wymore, 58 N. W., 1120. Contra, Leas vs. Penna. Co., 37 N. E., 423.

jured employee has first had recourse to the relief fund and been paid out of it his full claim according to its rules, and in several states recent statutes have been passed forbidding employers to require of any person seeking employment as a condition or preliminary thereto, that he should enter into any contract whereby they shall agree to contribute to any fund for charitable, social, or financial purposes; or forbidding corporations to keep back wages on pretence of relief or assistance to employees 3 or to pay for wares, tools, etc.; or for the benefit of or as a contribution to relief associations, etc.; or for the maintenance by railroads of any hospital, reading-room, library, gymnasium or restaurant. Compulsory insurance in any particular company is forbidden in Michigan by a new law (1895, 209), but voluntary agreements for benefit funds are allowed, and the employer may deduct sums due for such from the employee's wages.

4

But on the other hand, in Massachusetts, and possibly other states, there are recent statutes expressly permitting the establishment of relief

2 N. J., 1891, 212; Mich., 1893, 192.

N. J., ib.

Md., 1890, 443. (The Maryland statute applies to railroad corporations only.) Mich., ib. 2.

5 Ind., 2300. (But wages may be kept back for such a purpose under a written contract.)

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societies for employees of railroads, street railway companies,' and steamboat companies.

§ 29. Company Physicians. In Tennessee there is a statute making it unlawful for manufacturers, firns, or companies to dictate to or in any manner interfere with any employee or laborer in his right to select his own physician, or to retain or withhold any portion of the wages due for paying a "company doctor," etc. (Tenn., 1889, 259.)

• Mass., 244, 1; 1886, 195.

7 Mass., 1890, 191.

CHAPTER III

POLITICAL PROTECTION AND LEGAL PRIVILEGES OF LABORERS

§ 30. General Political Rights. By the Constitution laborers in all states must have the same political rights and liberties as any other class of citizens; and no express statutes are needed to secure this. A few statutes upon the subject have, however, been passed. Thus, in Minnesota and Wyoming, where "Employers are forbidden to require as a condition of employment the surrender of any right of citizenship or to discharge candidates because of their nomination for an election, or to interfere in the matter of such nomination."

§ 31. Voting. And in nearly all the states it is made penal or criminal for any person, by threatening to discharge an employee or to reduce his wages, or by promising to give him higher wages, or otherwise, to attempt to influence a voter to give or withhold his vote;' but

1 Wy., 1893, 9; Minn., 1893, 25.

'Mass., 1894, 508, 5; Ct., 276; N. J., 1890, 231, 71; Pa. Dig., p. 480, § 52; Del., 1881, 329; O., 7065; Ind., 2341;

in Tennessee this statute applies to corporation employers only. And in New York and Montana political "pay envelopes" or placards are forbidden to be used by employers.2 In a few states a period of two hours, or reasonable time to vote, is required to be given employees of manufacturing, mechanical, or mercantile estab

Mich., 9382; Wis., 4548a; W. Va., 5, 7; N. C., 2715; Tenn., 1887, 208; Mon. P. C., 108; Wy., 1890, 80, 174; S. C., 2552; La. R. L., 902; U. S., R. S., 5507; N. M., 1889, 135, 4. But in some states this statute applies only to corporations: Tenn., W. Va.

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26It shall not be lawful for any employer, in paying his employees the salary or wages due them, to enclose their pay in pay envelopes' upon which there is written or printed any political mottoes, devices, or arguments containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employees. Nor shall it be lawful for any employer, within ninety days of general election, to put up or otherwise exhibit in his factory, workshop, or other establishment or place where his employees may be working, any hand-bill or placard containing any threat, notice, or information that in case any particular ticket or candidate shall be elected, work in his place or establishment will cease, in whole or in part, or his establishment be closed up, or the wages of his workmen be reduced, or other threats expressed or implied, intended or calculated to influence the political opinions or actions of his employees. This section shall apply to corporations, as well as individuals, and any person or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor, and any corporation violating this section shall forfeit its charter." (N. Y. P. C., 41, c (1890, 94); Mon. P. C., 109.)