New-York tribune., 1903-08-15
NEW STATE LAWS SOON.
EFFECTIVE SEPTEMBER j
Statute to Protect National Guards
men AmOng Them.

new laws passed by the last legislature go into
effect on September / of this year.
The most important of these. from many points
OF view is the Hughes hw. Chapter $40 of the Laws
Of l9OS designed TO prevent discrimination by labor
unions, as well by employers. against members
Of the State militia. This law. which is entitled
An act relating TO crimes against public Justice
is operative equally against employers and labor
unions in providing for punishment a misde-
meanor of any interference with a member Of the
National Guard in the matter of his employment,
trade or business because of his membership in the
Guard. Section NIB of Title of the Penal Code
prohibits such discrimination by individuals. Sec
ton 11c relates expressly to such interference by
an association or corporation, constituted
ganized for the purpose of promoting the success
of the trade. employment business of the
bers thereof"
Another far-reaching law which takes effect on
September is Chapter 1872. Senator Elsbergs bill
ito prevent the unauthorized of the
picture of any person for purposes of trade. This
is an entirely law. designed protect persons
from the indscriminate and unauthorized use Of
their names and likenesses for advertising pur-
poses 1t was contended in opposition to this bill
when it was upon its passage. that it might be
perverted to apply to the publication of por-
traits in newspapers. under the phrase purposes
of trade but the legislature gave little heed to
this contention The provisions of the act are
follows:
A person, firm or corporation that uses for ad-
the name portrait or picture of any living person
without having first obtained the written consent
or guardian is guilty Of misdemeanOr @ ~ '''''-
used within this State for adyertising PURPOSES or
for the purposes of trade, without the written
tain equitable action in the Supreme Court of
this State against the person, firm or corporation
and restrain the use thereof; and may also sue
reason of such use, and if the defendant shall have
knowingly used such persons name. portrait or
to be unlawful by this "a act the jury in its dis
cretion, may award exemplary damages.
TO STOP STEALING OF JUNK.
There is already in effect act of the last legs
lature requiring all persons, firms or corporations
dealing in old metal for any purpose to take out
junk dealers license to be issued by local authori
ties This is augmented by a second law. Chapter
909, going into effect on September 1. which absO-
lutely prohibits the purchase by junk dealers of
goods. chattes, wares merchandise from any
child under the age of sixteen years" Violation
is made misdemeanor. and under the new law
dealers may not either receive or purchase such
junk from children. The original bill of Senator
Elsberg contained the words actually appar-
emily under the age Of sixteen years. but this
was thoueht unnecessarily drastic.
number Of laws were passed at the last session
designed TO protect children from abuse and injus-
tice. One of the drastic of these. which
escaped especial attention during the session. is
now Chapter S76 Assemblyman Dwyer's bill.
amending the Penal Code with reference to the
abandonment of children. The bill raises from the
age Of six to fourteen years the age below which
a parent or other person who having the care or
custody for nurture education deserts the child
in any place. with intent wholly to abandon 1t, is
guilty of felony. punishable by Imprisonment in
State prison for not more than seven years.
Another law affecting children is Chapter So in
troduced by Senator Grady, which establishes, on
September l, definitions of "disorderly and ungov-
ernable' children. "Disorderly' children, under the
law, those actually apparently under
the age Of sixteen who desert their homes without
good and sufficient cause. or keep company with
dissolute immoral or vicious persons. "Ungovern-
able" children will be such, under like age. as are
mot susceptible of proper restraint control by
their parents guardians or lawful custodians. or
who habitually disobedient TO their reasonable
and lawful commands" The bill originally in
particular institutions in Manhattan but dis
orderly and "ungovernable'' children will. after
September l, be subject to restraint by the public
authorities throughout the State
NEW CHILDREN's BAIL Law.
Still another law for the benefit of the children.
especially of the larger cities. will condition
which has given rise to much complaint. In the
past children under sixteen years were frequently
held in station houses and places of detention over
night, and sometimes longer, to the prejudice OF
their health and morals Chapter S29 introduced by
Assemblyman Bowling, provides that whenever
child under sixteen in any city Of the first class is
arrested for violation of a corporation ordinance
other minor offence, for peddling newspapers
without license under the new newsboys license
act the police captain sergeant before whom the
child is brought may accept in lieu of bail the per-
sonal recognizance in writing. without security of
a parent, guardian lawful custodian OF such
child, to produce the child before the proper mag
istrate at the time required. The parent or other
person giving such recognizance may be punished
for criminal contempt of for wilful failure to
produce the child agreed. The magistrate is
authorized to continue this recognizance during the
tendency of the action. This law will not, how
ever, apply to a child who has been the subject
of crime or a witness to its commission by an
other.
Chapter 614 introduced by Chairman Bedell of the
Assembly Railroads Committee. applies to cases
where the employees of a steam, elevated or street
surface railroad arrested in any city in con-
nection with accident to or by the engine, tram
which they operating. resulting IN an IN
Jury or death TO a person or injury TO property.
The new law. which is among those going into
effect Sc Jtember l. requires that such ralIroau
traIe. if is accessible: and otherwise before a
captain or sergeant of police IN charge OF P0df9
TO be admitted to bail The amount shall be nNed
3roVde for appearance before the ma gistrate cor
oner or other officer. who except for this section
Ger may, however. in his discretion. instead Of ex-
acting bail. release such empoye on his own recog-
The only application this year of the much dis
legislature is that of Chapter 426. by Assemblyman
Chambers which applies only to Albany and Rens,
,,sSS IN DecArnber January February and March
The general vestibuling law does not take effect
The general establishment of children's courts
which nave proved benehcent in the larger cities
is made obligatory by AssemblyHan hammond
September all cases involving the commitment or
sri s OF o sixteen sfai be heard and determined
apart from the trial of other criminal cases;
known as the "children's court
.Chapter provides