which sum defendant has failed and refused to pay plaintiff though. often requested so to do.

Wherefore plaintiff prays judgment against the defendant in the sum of $200.00 and for cost of suit.

J. B. Sheean and E. P. Smith, Attorneys for Plaintiff.

State of Nebraska, )

Douglas County.

SS.

I, Peter Kinlin, do solemnly swear that I am the above named plaintiff, and have read the foregoing petition, that the facts set forth therein are true as I verily believe.

Peter Kinlin. Subscribed in my presence and sworn to before me this 3rd day of March, 1893.

(SEAL)

J. B. Sheean, Notary Public.

b. Against Third Person for Causing Plaintiff's Discharge.

Form No. 13612.

(Precedent in Lombard v. Lennox, 155 Mass. 70.)'

[(Title of court and cause as in No. 6942.)

And the plaintiff says that on the twenty-third day of August, 1890, he was employed as a laborer by Waldo L. Pevear at Lynn]2 and that the said Pevear was entirely satisfied with the services rendered by him, and that said defendant maliciously and wilfully, and with intent to prevent said plaintiff from having employment, influenced, persuaded, and induced said Pevear to discharge plaintiff from his said employment, thereby materially injuring the plaintiff in his business and prospects, and wrongfully deprived him of the means of obtaining a living. [W. D. Northend, Attorney for Plaintiff.]2

II. CRIMINAL PROSECUTION.

1. Of Master.

a. Coercing Employee.

(1) NOT TO JOIN LABOR UNION.

Form No. 13613.3

(Commencing as in Form No. 10685, and continuing down to *) was engaged in business as a job printer, and that on said day and date one Richard Roe was in the employ of said John Doe as a type-setter, and that on said day and date the said John Doe did unlawfully and wilfully

attempt to coerce and compel the said Richard Roe, an employee in the employ of said John Doe as aforesaid, to enter into a written agreement that as a condition of retaining his position as an employee he would not join a labor organization, and did then and there unlawfully and wilfully state to said Richard Roe that he, the said John Doe, would discharge him, the said Richard Roe, from the employ of him, the said John Doe, unless he, the said Richard Roe, then and there entered into such a written agreement, against the peace (concluding as in Form No. 10585).

(2) TO EMPLOY CERTAIN PHYSICIAN.

Form No. 1 3614.1

(Commencing as in Form No. 10720, and continuing down to *) was the superintendent of the Tennessee Coal and Iron Company, a corporation duly organized under the laws of the state of Tennessee, and that on said day and date one Richard Roe was in the employ of said corporation, and that on said day and date the said John Doe did unlawfully interfere with the said Richard Roe, an employee of said corporation as aforesaid, in his right to select his own family physician, and did then and there unlawfully threaten to discharge said Richard Roe from the employ of said Tennessee Coal and Iron Company unless he the said Richard Roe then and there employed one Dr. John Brown as his said Richard Roe's family physician, to the evil example (concluding as in Form No. 10720).

(3) TO TRADE AT PARTICULAR PLACE.

Form No. 13615.2

*

(Commencing as in Form No. 10692, and continuing down to *) being then and there the agent of the Jeffersonville Iron Company, a corporation then and there existing and duly incorporated under the laws of this state, did then and there unlawfully coerce one Richard Roe, an employee of said Jeffersonville Iron Company, to buy his groceries and food of one Leonard A. Ford, by then and there threatening said Richard Roe to discharge him from the employ of said Jeffersonville Iron Company unless he the said Richard Roe bought his groceries and food of said Leonard A. Ford, contrary to the form (concluding as in Form No. 10692).

b. Deception in Procuring Employees.

Form No. 13616.3

(Commencing as in Form No. 10691, and continuing down to *) did unlawfully induce, influence, persuade and engage workmen to change

from one place to another in this state by means of false advertising, for that on said tenth day of November, A. D. 1899, the said John Doe was engaged in business as a job printer in said city of Carrollton in said county of Greene, and on said day and date a strike was pending between said John Doe and the compositors engaged in his said job printing establishment, yet the said John Doe, on said day and date, caused to be printed in the "Chicago Record," a newspaper published in the city of Chicago, in the county of Cook and state of Illinois, the following advertisement, to wit: "Wanted, at Carrollton, Illinois, at once, five experienced compositors for job work. Apply to John Doe, 100 State street, Chicago, Illinois," in which said advertisement the said John Doe failed to state that there was a strike at the place of the proposed employment, when in fact such strike then actually existed at such place, and that by means of said advertisement Samuel Short, William West and Leonard A. Ford were then led to apply and did in fact apply to said John Doe, at 100 State street, in said city of Chicago, who then and there unlawfully induced, influenced, persuaded and engaged said Samuel Short, William West and Leonard A. Ford to leave said city of Chicago, and go to said city of Carrollton, and that afterward, to wit, on the day and year last aforesaid, the said Samuel Short, William West and Leonard A. Ford did in fact leave said city of Chicago and go to said city of Carrollton, contrary to the statute (concluding as in Form No. 10691).

c. Employing Overtime.

Form No. 13617.1

(Commencing as in Form No. 10692, and continuing down to *) being then and there a person employing labor in this state, did then and there unlawfully require one Richard Roe, the said Richard Roe being then and there in the employ of said John Doe as a lather, at an agreed wage of four dollars per day, to work for said day during the entire space of nine hours, there being at the time no existing agreement between the said John Doe and the said Richard Roe that said work beyond the space of eight hours should be over work for which an extra compensation should be paid, contrary to the form (concluding as in Form No. 10692).

(Commencing as in Form No. 13615, and continuing down to *) publish and issue to one Richard Roe, an employee of said Jeffersonville Iron Company, in payment for certain labor done by said Richard Roe for said Jeffersonville Iron Company, a certain check, which said check was not then and there commercial paper payable at a fixed time in any bank in this state, at its full face value in lawful money of the United States with eight per cent. interest, or a bank check, or currency issued by authority of the United States government, which said check was in form as follows, to wit: (Here set out copy), contrary to the form (concluding as in Form No. 10692).

(2) WITHHOLDING PART.

(a) To Pay "Company Doctor."

Form No. 13619.1

(Commencing as in Form No. 10720, and continuing down to *) being then and there the agent of the Tennessee Coal and Iron Company, a corporation duly incorporated under the laws of this state, did unlawfully retain and withhold a part, to wit, two dollars, of the wages then and there due to one Richard Roe as an employee of said corporation, for the avowed purpose of paying the salary of one Leonard A. Ford, a person claiming to be the "company doctor," without the full consent of said Richard Roe, to the evil example (concluding as in Form No. 10720).

(b) To Support Reading-room.

Form No. 13620.2

(Commencing as in Form No. 10700, and continuing down to *) being then and there an employer of labor, did then and there unlawfully deduct from the wages then and there due to one Richard Roe, as an employee of said John Doe, the sum of one dollar for the maintenance of a reading-room established by said John Doe for the use of his employees, without the full and free consent of him, the said Richard Roe, without intimidation or fear of discharge for refusal to permit such deduction, against the form (concluding as in Form No. 10700).

e. Failure to Provide Seats for Females.

Form No. 13621.3

(Commencing as in Form No. 10727, and continuing down to *) being then and there a person employing females in a mercantile establishment in this state, to wit, a dry-goods store, did then and there unlawfully fail to provide suitable seats for the use of the females so employed in his said establishment, against the peace (concluding as in Form No. 10727).

2. Of Third Person.

a. Enticing Servant.'

Form No. 1 3622.

(Ala. Crim. Code (1896), § 4923, No. 45.)2

(Commencing as in Form No. 10680, and continuing down to *) John Doe knowingly interfered with, hired, engaged, enticed away, or induced Richard Roe, a laborer or servant who had stipulated or contracted, in writing, to serve one Samuel Short for one year, before the expiration of the term stipulated or contracted for, such contract being in force and binding upon the parties thereto, without the consent of the said Samuel Short, to whom the service was due, given in writing, or in the presence of some veritable3 white person, against (concluding as in Form No. 10680).

1068.

3 Code (1895), $$ 119-·

Contract in Writing. In an indictment for enticing a servant, the indictment need not allege whether the contract was in writing or oral. State v. Harwood, 104 N. Car. 724. See also Mondschein v. State, 55 Ark. 389.

Means. In an indictment for enticing a servant it is not necessary to set forth the means by which the enticing was accomplished, where the words employed in the statute are used in the indictment in describing the offense. State v. Harwood, 104 N. Car. 724. But an indictment for employing the servant of another, where the act was done by a servant or agent, must set forth the name of said agent. Hudson v. State, 46 Ga. 624.

Mississippi. Anno. Code (1892), § vitiate the indictment. Murrell v. State,

44 Ala. 367.