5671-5674

LIQUOR-HABITUAL DRUNKARD HUSBANDS.

barytes, tale, or other mineral substance or poisonous colors or flavors, or other ingredients deleterious or detrimental to health, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding five hundred dollars, and the candy so adulterated shall be confiscated and destroyed under the direction of the court before whom the offender is tried.

5671. Amended as to sale of liquor on Sunday (1889, ch. 31): The law of this state prohibiting the sale of liquor on Sunday, as compiled in § 5671 of Milliken & Vertrees' compilation, be so amended as to prohibit the sale, on Sunday, of any malt, vinous, fermented, or other intoxicating liquors, or to keep open on Sunday any place where such liquors are sold or dispensed. And any person offending shall be punished as provided in said act; Provided, That the provisions of this act shall not apply to druggists selling on the prescription of a practicing physician; Provided further, That restaurants and eating-houses where spirituous, vinous, and mait liquors are sold under the license law of the state on week days, shall be allowed to conduct their eating department on Sunday, but the bar-room shall be closed, and no drinks. of any kind sold.

5673. Amended. Unlawful to furnish or procure for minors liquor, etc. (1891, ch. 162): That chapter 90, page 105, of acts of 1881, section 1, be so amended as to provide that it shall be unlawful for any person or individual, or firm or corporation, whether engaged or not in the manufacture or sale of any spirituous liquors, malt or mixed liquors, their employes, agents, or servants, or other persons for them, knowingly to sell, give, furnish to or procure for any person under the age of twenty-one years any spirituous, vinous, or malt liquors, or any mixture thereof with other liquors or ingredients, without the consent of the parents, guardian, or person having the care of such person under the age of twenty-one years.

5674. Held unconstitutional, because of defective title. 87 Tenn., 109. New law enacted to prevent habitual-drunkard husbands from getting liquor. (1889, ch. 68):

SECTION 1. That it shall be unlawful, for any person engaged regularly, or otherwise, in the manufacture or sale of any spirituous, vinous, malt, or mixed liquors, their employes, agents, servants, or any person for them, to sell, give, furnish to or procure for any husband who is an habitual drunkard, any intoxicating liquors after having been served with a written notice prohibitory thereof, signed by the wife of such husband.

SEC. 2. That said notice shall be served and a due return thereof made to the clerk of the county court by the sheriff or any constable of the county wherein such person is engaged in the manufacture or sale of said liquors.

SEC. 3. That any person or persons violating the provisions of the first section of this act shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten nor more than two hundred dollars.

282

CIGARETTES-BITTERS-FOUR-MILE LAW-HORSE-RACE. 5678-5701

Under 5678. To prevent sale, etc., of cigarettes, etc., to minors (1891, ch. 107):

SECTION 1. That it shall be a misdemeanor for any person, firm, or corporation to sell, give, or furnish any cigarettes, cigarette paper, or any substitute for the same, to any minor in this state.

SEC. 2. That any person, firm, or corporation violating the first section of this act, shall, upon conviction, be fined not less than ten dollars nor more than fifty dollars.

SEC. 3. That the judges of the criminal courts, and circuit courts of this state with criminal jurisdiction, shall give this matter in special charge to the grand juries of the county [and the grand juries shall have inquisitorial powers over all offenses committed under this act. Ex. ses. 1891, ch. 18].

5679. Amended to prevent the sale of intoxicating bitters in same manner as liquor (1885, ch. 123):

SECTION 1. That hereafter it shall be unlawful to sell intoxicating bitters in this state within four miles of chartered institutions of learning, except within incorporated towns and cities.

SEC. 2. That the violation of the first section of this act shall subject the person violating the same to a fine of one hundred dollars and imprisonment in the county jail not exceeding three months, at the discretion of the court trying the cause.

Same. To prevent sale of liquor within four miles of a schoolhouse where a school is kept, whether in session or not; exception (1887, ch. 167):

SECTION 1. That it shall not hereafter be lawful for any person to sell or tipple any intoxicating liquors, including wine, ale, and beer, as a beverage, within four miles of any school-house, public or private, where a school is kept, whether the school be then in session or not, in this state; and that any one.violating the provisions of this act shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine, for each offense, of not less than ten dollars nor more than one hundred dollars, and imprisonment for a period of not more than six months, at the discretion of the court.

SEC. 2. That this act shall not apply to the sale of such liquors within the limits of any incorporated town, nor to sales made by persons having licenses to make the same at the date of the passage of this act during the time for which such licenses were granted, nor to sales by manufactories of such liquors in wholesale packages or quantities.

SEC. 3. That all laws in conflict with this act be, and the same are hereby, repealed.

5701. The act 1885, ch. 158, is unconstitutional. 16 Lea, 71.

Amended by (1891, ch. 115) :

SECTION 1. That § 4881 of the code of Tennessee be, and the same is hereby, amended as follows, viz.: That said section and this amendment shall apply to trotting and pacing races as well as running races. SEC. 2. That it shall be unlawful gaming to bet or wager in any way

5717-5755

SUNDAY BALL-PLAYING-FAMILY PHYSICIAN.

upon any horse-race, unless the race-track upon which the race is run, trotted, or paced be inclosed by a substantial fence, and the bet or wager to be made within said inclosure upon a race to be run, trotted, or paced within said inclosure.

Held constitutional.-This act is valid and constitutional.

The bet or wager must be actually made within the inclosure of the race-track. 91 Tenn., 716, 721, 722.

Under 5717. Ball playing on Sunday, a misdemeanor (1885, ch. 147):

WHEREAS, Many persons in this state have been playing base-ball on the Sabbath day, and betting thereon, which is contrary to the spirit of the law, and a desecration of the day of rest and worship as instituted by the Divine Ruler of the Universe; therefore,

SECTION 1. That from and after the passage of this act any person who shall engage in playing base-ball, cricket, or any other game that is played with ball, bat, or club, on the Sabbath day, or any person who shall encourage, aid, or assist in playing said game on the Sabbath, shall be deemed guilty of a misdemeanor, and, upon conviction. thereof, shall be fined not less than twenty-five dollars nor more than fifty dollars for every such offense.

SEC. 2. That the circuit and criminal court judges of this state shall give this act in charge to the grand juries; and it shall be the duty of said grand juries to present, or, at the instance of the attorney-general, to indict, all persons violating any of the provisions of this act, and, for this purpose, the grand juries are hereby clothed with inquisitorial powers as provided in § 5087, revised statutes of Tennessee, Thompson & Steger's edition.

SEC. 3. That the change of the name of the games herein mentioned shall not prevent the conviction of any person guilty of violating any of the provisions of this act.

SEC. 4. That all laws or parts of laws in conflict with this act be, and the same are hereby, repealed.

Barbering on Sunday, a misdemeanor (1891, ch. 114. See 22892294):

The barbering act 1887, ch. 106, was held to be unconstitutional. 86 Tenn., 272.

Under 5755. To protect employes in the selection of their family physician (1889, ch. 259):

SECTION 1. That it shall be unlawful for any manufacturer, firm, comUnlawful to dic-pany, or corporation, their agents, clerks, or superintendtate physician. ents in this state, to dictate or in any manner interfere with any employe or laborer in their rights to select their own family physician.

SEC. 2. That it shall be unlawful for any such manufacturer, firm, company, or corporation, their agents, clerks, or superintendents, to retain or withhold any part or portion of the wages due to any such employe or laborer for the avowed purpose of paying the salary of any person claiming to be the "company doctor" without the full consent of such employe or laborer; and the whole

Not to withhold wages.

WORKMEN TENANTS-PROTECTION OF EMPLOYES IN VOTING, ETC.

amount of any such wages so retained by consent shall be paid to said company doctor or other physicians employed by said employes.

SEC. 3. That any agent, clerk, or superintendent of any such firm, company, or corporation violating the provisions of this act, shall be guilty of a misdemeanor, and, upon conviction in any of the courts of the state having jurisdiction, shall be fined not less than ten dollars.

Relief and protection of workmen in the purchase of store goods and supplies (1887, ch. 155):

SECTION 1. That it shall not be lawful for any manufacturer, firm, company, or corporation, their agents, clerks, or superintendents in this state, who own or control a store for the sale of general store goods or merchandise in connection with their manufacturing or other business, to attempt to control their employes or laborers in the purchase of store goods and supplies at the aforesaid store by withholding the payment of wages longer than the usual time of payment, whereby the employe would be compelled to purchase supplies at said manufacturer's, firm's, company's, or corporation's store.

SEC. 2. That any manufacturer, firm, company, or corporation offend-. ing against the provisions of this act, the same shall be a misdemeanor, and, on conviction in any court having jurisdiction thereof, fined not exceeding fifty dollars.

Tenants in common or joint-tenants in personal property must account, etc.; a failure, a misdemeanor (1887, ch. 185): That whenever a tenant in common or joint-tenant having an interest in personal property of any kind whatever, shall, without the knowledge or consent of his tenant in common or joint-tenant, sell or dispose of such property, and convert the proceeds thereof to his own use, or fail to pay over to his tenants in common or joint-tenant the proceeds of such property to which his tenant in common or joint-tenant may be entitled, shall be guilty of a misdemeanor, punishable by a fine of twenty-five dollars, and imprisonment in the county jail, at the discretion of the court trying the cause.

To protect employes in voting and trading (1887, ch. 208):

SECTION 1. That it shall be unlawful for any joint-stock company, association, or corporation, organized, chartered, or incorporated by and under the laws of this state, or operated or doing busi- As to voting ness in this state under its laws, either as owner or lessee, and trading. having persons in their service as employes, to discharge any employe or employes, or to threaten to discharge any employe or employes in their service for voting or for not voting in any election, state, county, or municipal, for any person as candidate or measure submitted to a vote of the people, or to threaten to discharge any such employe or employes for trading or dealing, or for not trading or dealing, as a customer or patron with any particular merchant or other person or class of persons in any business [or] calling, or to notify any employe or employes, either by general or special notice, directly or indirectly, secretly or openly given, not to trade or deal as customer or patron with any particular merchant or person or class of persons, in any business or calling, under penalty of being discharged from the service of such

5764-6122 SCRIP-CHANGE OF VENUE-DEATH PENALTY.

joint-stock company, corporation, or association doing business in this state as aforesaid.

violation.

SEC. 2. That any joint-stock company, association, or corporation organized, chartered, or incorporated under the laws of this state, or Penalty for operated in this state, violating any of the provisions of the foregoing section, shall be guilty of a misdemeanor, and, on conviction, shall pay a fine of not less than one hundred dollars and not more than one thousand dollars for each offense for which convicted.

agents.

SEC. 3. That any person acting as an officer or agent of any jointstock companies, associations, or corporations of the kind and characAs to officers or ter hereinbefore described, or for any one of them, who makes or executes any notice, order, or threat of the kind and character herein before forbidden, shall be guilty of a misdemeanor, and, on conviction, shall pay a fine of not less than one hundred dollars and not more than five hundred dollars, and be imprisoned in county jail not less than ten days nor more than three months.

Scrip to be redeemed in thirty days (1887, ch. 209):

SECTION 1. That from and after the passage of this act it shall be unlawful for any person or persons, firms, or corporations, or companies to refuse to cash any checks or scrip of their own that may be presented it within thirty days of its date of issuance.

SEC. 2. That any person or persons, firms, companies, or corporations who shall refuse to redeem in lawful currency any such checks or scrip, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten nor more than twenty-five dollars for each offense; Provided, That this act shall not be construed as authorizing or legalizing the issuance of scrip.

SEC. 3. That all laws conflicting with this act be, and the same are hereby, repealed.

5764. Amended. Ex. ses. 1891, ch. 8; 1893, ch. 149. See 553-560.

6025-6033. When the venue is changed, the county from which the case is sent shall pay the jury fees. (1889, ch. 201.)

See 3542-3558.

6121. Amended to read as follows (1889, ch. 53, sec. 1): When the death penalty shall be enforced, the same shall be enforced within the prison where the convict shall be confined or within an inclosed yard, if there be one, or if none, within an inclosure to be erected for that purpose, within two miles of said prison, place to be selected by sheriff.

6122. Amended to read as follows (1889, ch. 53, sec. 2): The inclosure in which the death penalty shall be enforced shall be higher than the gallows, or so constructed as to exclude the view of persons outside thereof. Said inclosure shall be erected under the order of the sheriff at the expense of the county where said execution takes place, not to exceed fifty dollars ($50).

SEC. 3. That if the place of hanging be outside of the jail inclosure, the convict shall be carried to the place of hanging in a covered vehicle, so that he may not be seen by persons outside the inclosure.