expressly forbidding, or limiting, strikes upon railroads.'

private discovery, even from corporations, enforced, not by suit or action, but by statutory terror, is not allowable where rights are under the guardianship of due process of law.

2. It follows from the foregoing that the act of October 21, 1891, entitled 'An act to require certain corporations to give to their discharged employees or agents the cause of their removal or discharge, when discharged or removed,' is unconstitutional, and that an action founded thereon for the recovery of $5,000 as penalty or arbitrary damages fixed by the statute for non-compliance with its mandate cannot be supported."

In Maine and New Jersey: Any employee of a railroad corporation who, in pursuance of an agreement or combination by two or more persons to do, or procure to be done, any act in contemplation or furtherance of a dispute between such corporation and its employees, unlawfully, or in violation of his duty or contract, stops, or unnecessarily delays, or abandons, or in any way injures, a locomotive, or any car, or train of cars on the railway track of such corporation, or in any way hinders, or obstructs the use of any locomotive, car, or train of cars on the railroad of such corporation, shall be punished by a fine not exceeding five hundred dollars, or imprisonment in the state prison, or in jail, not exceeding one year (Me., 123, 6). So substantially in New Jersey, the penalty being $500, or six months (N. J. Rev., 1877, p. 946, § 173, 175).

Whoever by any unlawful act, or wilful omission or neglect, obstructs or causes to be obstructed any engine, or car, or aids therein, or who, having charge of any locomotive

or car, wilfully stops, leaves, or abandons it, or renders, or aids in rendering it unfit for, or incapable of immediate use, with intent thereby to hinder, delay, obstruct, or injure the management and operation of the railroad, or the business of

§ 63. Pinkerton Men, Etc.-By the constitution of Wyoming no armed police force or detective

the company, is liable to a fine of one thousand dollars, or imprisonment for two years. Me., 123, 7.

So, substantially in Connecticut and New Jersey, the penalty is $100 or six months, and $500 or six months, respectively (Ct., 1517; N. J., ib., 174); and whoever, having any management of a railroad locomotive or car, while in use, is guilty

of gross negligence or neglect, or maliciously stops or delays the same, or abstracts therefrom the tools or appliances, may be punished by fine and imprisonment for three years (Me., 123, 8).

Whoever, alone or in combination, does, or procures to be done, any act, in contemplation or furtherance of a dispute between a railroad, gas, or telegraph company and its employees, wrongfully and without legal authority, uses violence toward, or intimidates any person with intent thereby to compel such person to do, or abstain from doing, any lawful act, or who, on the premises of the corporation, by bribery or in any manner induces, or tries to induce, such person to leave the employment with intent thereby to further the objects of such combination, or in any way interferes with such person while in the performance of his duty, or threatens, or persistently follows such person in a disorderly manner, or injures, or threatens to injure his property, with either of said intents, is punishable by fine of three hundred dollars, or imprisonment for three months. Me., 123, 9.

Any employee of a railroad who, in furtherance of the interests of either party to a dispute between another railroad and its employees, refuses to aid in moving the cars of such other railroad or trains, in whole or in part made up of such cars, over the tracks of the corporation employing him; or refuses to aid in loading or discharging such cars, is punished by imprisonment for one year, or fine of five hundred dollars. Me., 123, 10.

agency, armed body or unarmed body of men, shall ever be brought into this state for the

And in New Jersey, if any person in aid or furtherance of the objects of any strike obstruct any railroad track, or injure or destroy rolling stock, or other property of the railroad, or take possession of, or remove it, or prevent or attempt to prevent the use thereof by the company or its employees, or by offer of recompense induce any employee to leave the service of the railroad while in transit, such person is guilty of a misdemeanor, and punishable by fine of five hundred dollars and imprisonment for one year. N. J. Rev., 1877, page 946, s. 176.

And in Pennsylvania, Delaware, Illinois, and Kansas : If any engineer or railroad employee engaged in a strike, or with a view to incite others to such strike, or in furtherance of any combination or preconcerted arrangement with any other person to bring about a strike, abandons the engine in his charge attached to either a passenger or freight train, at any other place than its destination, or refuses or neglects to proceed to its destination with the train, he is guilty of a misdemeanor-penalty five hundred dollars or six months (Pa. Dig., p. 533, § 35; Del., Vol. 15, 481, 1); one hundred dollars or ninety days (Ill., 114, 108; Kan., 2480).

So, if such engineer or employee, for the purpose of furthering the object of, or lending aid to, any strike organized or attempted on any other road, refuses or neglects to remove cars, etc., of such road, or interferes with, molests, or obstructs any engineer or employee in the discharge of his duty, or obstructs any track, or injures or destroys rolling stock, or other property of a railroad, or takes possession of or removes such property, or prevents or attempts to prevent its use by the railway. Del., ib., 2-4 ; Pa. Dig., p. 533, §§ 358-360; Del., Vol. 15, 481, 2 and 5.

In Illinois, Michigan, and Kansas, if any person or persons shall wilfully and maliciously, by any act, or by means of intimidation, impede or obstruct, except by due process

suppression of domestic violence, except upon the application of the legislature, or executive

of law, the regular operation and conduct of the business of any railroad company, or other corporation, firm, or individual in this State, or of the regular running of any locomotive engine, freight or passenger train of any such company, or the labor and business of any such corporation, firm, or individual, he or they shall, on conviction thereof, be punished by a fine of not less than twenty dollars, nor less (more) than two hundred dollars, and confined in the county jail not more (less) than twenty days, nor more than ninety days, etc. Ill., 114, 109; Kan., 2481; Mich., 9274.

If two or more persons shall wilfully and maliciously combine, or conspire together to obstruct, or impede by any act, or by means of intimidation, the regular operation and conduct of the business of any railroad company or any other corporation, firm, or individual in this State, or to impede, hinder, or obstruct, except by due process of law, the regular running of any locomotive engine, freight or passenger train, on any railroad, or the labor, or business of any such corporation, firm, or individual, such person shall, on conviction thereof, be punished by fine not less than twenty dollars, nor more than two hundred dollars, and confined in the county jail not less than twenty days, nor more than ninety days, etc. (Ill., 114, 110; Kan., 2482); Mich., 9275.

This act shall not be construed to apply to cases of persons voluntarily quitting the employment of any railroad company, or such other corporation, firm, or individual, whether by concert of action or otherwise, except as is above provided. Ill., 114, 111; Mich., 9276; Kan., 2483.

In Wisconsin, any person who shall individually, or in association with others, wilfully injure or remove any part of a railroad car, locomotive, or of any stationary engine, or other implement or machinery, for the purpose of destroying it, or preventing its useful operation, or who shall in any other way interfere with the running or operation of any locomotive

when the legislature cannot be convened.' It may be queried if this provision is consistent with the national constitution. In Missouri, also, there is a new statute on the subject; and it is "unlawful for any person or persons, company, association, or corporation to bring or import into this state any person or persons, or association of persons, for the purpose of discharging the duties devolving upon the police

or machinery, shall be punished by fine up to one thousand dollars, or imprisonment for two years, or both. Wis., 1887, 427, 2.

In Texas any person or persons who shall, by force, threats, or intimidation of any kind whatever, against any railroad engineer or engineers, or any conductor, brakeman, or other officer or employee employed or engaged in running any passenger train, freight train, or construction train, running upon any railroad in this State, prevent the moving or running of said passenger, freight, or construction train, shall be deemed guilty of an offence, etc. Tex., 1887, 92, 1.

In Louisiana, any person who may ship upon a steamboat in the customary manner, to do service on said boat, either by the month or voyage, in the capacity of an officer, engineer, pilot, clerk, mate, carpenter, cook, steward, cabin-boy, watchman, fireman, deck-hand, or laborer, who may abandon the boat before having fulfilled his engagements, or who may refuse to do his duty in the capacity for which he shipped or engaged to perform, before the completion of the voyage, or the term of his engagement, without lawful cause, shall, besides forfeiting all claims to the wages due for such service, be liable to the owner or owners of said steamer for any damages which they may sustain by said abandonment or refusal to do duty. La. R. L., 945.

1 Wy. Const., Art. 19, 1.