Contrary public policy void. § 17. Certain employment contracts void. Every undertaking or promise hereafter made, whether written or oral, express or implied, constituting or contained, in any contract or agreement of hiring or employment between any individual, firm, company, association or corporation and any employee or prospective employee of the same, whereby (a) any employee or prospective employee undertakes or promises to join, become or remain a member of a company union; or (b) either party to such contract or agreement undertakes or promises not to join, become, or remain a member of any labor organization or any organization of employers; or (c) either party to such contract or agreement undertakes or promises that he will withdraw from the employment relation in the event that he joins, becomes or remains a member of any labor organization or of any organization of employers, is hereby declared to be contrary to public policy and wholly void and shall not afford any basis for the granting of legal or equitable relief by any court against a party to such undertaking or promise, or against any other persons who may advise, urge or induce, without fraud, violence, or threat thereof, either party thereto to act in disregard of such undertaking or promise. § 3. This act shall take effect immediately. L. 1909, ch. 25. CHAPTER 12 AN ACT to amend the general business law, in relation to monopolies Became a law January 25, 1935, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section three hundred forty of chapter twenty-five of the laws of nineteen hundred nine, entitled "An act relating to general business, constituting chapter twenty of the consolidated laws," as last amended by chapter eight hundred four of the laws of nineteen hundred thirty-three, is hereby amended to read as follows: § 340. Contracts or agreements for monopoly or in restraint of trade illegal and void. 1. Every contract, agreement, arrangement or combination whereby A monopoly in the manufacture, production, transportation, marketing or sale in this state of any article or product or service used in the conduct of trade, commerce or manufacture or of any article or commodity of common use is or may be created, established or maintained, or whereby Competition or the free exercise of any activity in this state in the manufacture, production, transportation, marketing or sale in this state or in the supply or price of any such article, product, commodity, service, transportation or trade practice is or may be restrained or prevented, or whereby For the purpose of creating, establishing, maintaining a monopoly or unlawfully interfering with the free exercise of any activity within this state in the manufacture, production, transportation, marketing or sale of any such article, product, commodity or service, the free pursuit in this state of any lawful business, trade or occupation is or may be restricted or prevented, is hereby declared to be against public policy, illegal and void. 2. The provisions of this article shall not apply to cooperative associations, corporate or otherwise, of farmers, gardeners, or Excep dairymen, including live stock farmers and fruit growers, nor to tions. contracts, agreements or arrangements made by such associations, nor to bona fide labor unions. not com 3. The labor of human beings shall not be deemed or held to Labor be a commodity or article of commerce as such terms are used in this section and nothing herein contained shall be deemed to pro- modity. hibit or restrict the right of workingmen to combine in unions, organizations and associations, not organized for the purpose of profit. § 2. This act shall take effect immediately. CHAPTER 13 AN ACT to amend the public service law, in relation to the public letting of contracts Became a law January 25, 1935, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 480, Section 1. Chapter four hundred and eighty of the laws of nine- L. 1910, teen hundred ten, last re-entitled by chapter seven hundred and § 115 new. eighty-two of the laws of nineteen hundred thirty "An act relating to the public service of utility companies, constituting chapter fortyeight of the consolidated laws," is hereby amended by adding at the end of article six thereof a new section, to be section one hundred and fifteen, to read as follows: Commis authorized. § 115. Public letting of contracts. The commission is hereby authorized, whenever it is of opinion that the public interest so requires, to direct any public utility subject to the jurisdiction of the commission to award contracts or agreements for the construc- slon tion, improvement or extension of its plant, works or system, exceeding in amount twenty-five thousand dollars in any calendar year, to the lowest responsible bidder, after a public offering has been made and after advertisement and notice of such offering have been given, and the commission may prescribe rules and regulations relative to such advertisement, notice and public letting. § 2. This act shall take effect immediately. L. 1921, subd. 2. State municipal contracts. Eight hour day. L. 1931, ch. 785, repealed. CHAPTER 14 AN ACT to amend the labor law, in relation to the number of days of work in each week, and to repeal chapter seven hundred eighty-five of the laws of nineteen hundred thirty-one, entitled "An act to amend the labor law, in relation to the number of days of work in each week," as amended Became a law February 4, 1935, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision two of section two hundred and twenty of chapter fifty of the laws of nineteen hundred twenty-one, entitled "An act in relation to labor, constituting chapter thirtyone of the consolidated laws," is hereby amended to read as follows: 2. Each contract to which the state or a municipal corporation or a commission appointed pursuant to law is a party and which may involve the employment of laborers, workmen or mechanics shall contain a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in cases of extraordinary emergency caused by fire, flood or danger to life or property. No such person shall be employed more than eight hours in any day or more than five days in any one week except in such emergency. § 2. Chapter seven hundred eighty-five of the laws of nineteen hundred thirty-one, entitled "An act to amend the labor law, in relation to the number of days of work in each week," as last amended by chapter thirty-seven of the laws of nineteen hundred thirty-four, is hereby repealed. § 3. This act shall take effect immediately. L. 1921, ch. 50, $ 220, subd. 4, amended L CHAPTER 15 AN ACT to amend the labor law, in relation to requiring the payment of the prevailing rate of wage to employees on public work Became a law February 4, 1935, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision four of section two hundred twenty of chapter fifty of the laws of nineteen hundred twenty-one, entitled "An act in relation to labor, constituting chapter thirty-one of the consolidated laws," paragraph d thereof having been last amended by chapter thirty-six of the laws of nineteen hundred thirty-four, is hereby amended to read as follows: 4. This section shall not apply to: a. Stationary firemen in state hospitals; b. Other persons regularly employed in the state institutions, Not to except mechanics; c. Engineers, electricians and elevator men in the division of public buildings of the department of public works during the annual session of the legislature. apply § 2. This act shall take effect March first, nineteen hundred Effective thirty-five. date. CHAPTER 16 AN ACT to amend the agriculture and markets law, in relation to the head of the department of agriculture and markets in the state government Became a law February 4, 1935, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 48, repealed. Section 1. Subdivision two of section two of chapter forty-eight L. 1922, of the laws of nineteen hundred twenty-two, re-entitled by chapter § 2. two hundred seven of the laws of nineteen hundred twenty-seven subd. 2, "An act in relation to agriculture and markets, constituting chapter sixty-nine of the consolidated laws," as such subdivision was amended by chapter two hundred seven of the laws of nineteen hundred twenty-seven, is hereby repealed. renum § 2. Subdivision three of section two of such chapter, as amended § 2. by chapter two hundred seven of the laws of nineteen hundred subd. 2, twenty-seven, subdivision four of section two of such chapter, as bered. amended by chapter two hundred seven of the laws of nineteen hundred twenty-nine and subdivisions five and six of section two of such chapter are hereby renumbered subdivisions two, three, four and five, respectively. § 3. Sections five, ten and eleven of such chapter, as amended §§ 5-10-11 by chapter two hundred seven of the laws of nineteen hundred repealed. twenty-seven, are hereby repealed. § 4. Sections six, seven, eight and nine of such chapter are §§ 6-7-8-9 hereby repealed. repealed. § 5. Such chapter is hereby amended by inserting therein a new 5 new. section, to be section five, to read as follows: appointed. § 5. Commissioner of agriculture and markets. The head of com the department of agriculture and markets shall be the commis- missioner sioner of agriculture and markets, who shall be appointed by the governor, by and with the advice and consent of the senate, and hold office until the end of the term of the governor by whom he was appointed, and until his successor is appointed and has qualified. He shall be a person qualified by training and experience for Term of office. Powers, duties. §§ 12 to 16 renumbered. $ 17 renum bered, amended. Commissioner appoint necessary officers. § 18 renum bered, amended. Oath. § 19 renumbered. §§ 20-21 renumbered. § 22 renum bered, amended. the duties of his office. Subject to removal by the governor, the commissioner of agriculture and markets in office at the time this section takes effect shall be the head of the department of agriculture and markets and shall hold such office until his successor is appointed and has qualified. In addition to the powers and duties specifically prescribed by this chapter, the commissioner shall have supervision over and direction of all officers and employees and of the affairs of the department. He shall be responsible for the enforcement and carrying into effect of the laws, rules and orders pertaining to matters as to which the department has functions, powers and duties. § 6. Section twelve of such chapter, as amended by chapter two hundred seven of the laws of nineteen hundred twenty-seven, and sections thirteen, fourteen, fifteen and sixteen are hereby renumbered sections six, seven, eight, nine and ten, respectively. § 7. Section seventeen of such chapter, as amended by chapter two hundred seven of the laws of nineteen hundred twenty-seven, is hereby renumbered section eleven and amended to read as follows: § 11. Other officers and employees. There shall be such agents, inspectors, chemists, experts, statisticians, accountants and other assistants and employees, as the commissioner shall deem necessary for the exercise of the powers and the performance of the duties of the department under this chapter. Such officers and employees shall be appointed by the commissioner and hold office during the pleasure of the commissioner. The officers and employees of the department who are in office when this chapter takes effect shall continue in office during the pleasure of the commissioner. The commissioner may transfer officers or employees from their positions to other positions in the department, or abolish or consolidate such positions. § 8. Section eighteen of such chapter is hereby renumbered section twelve and amended to read as follows: § 12. Oaths of office. The commissioner, the assistant commissioners, the counsel and the secretary shall, before entering upon the duties of their offices, take and subscribe the constitutional oath of office. Such oaths shall be filed in the office of the secretary of state. § 9. Section nineteen of such chapter, as amended by chapter two hundred seven of the laws of nineteen hundred twenty-seven, is hereby renumbered section thirteen. § 10. Sections twenty and twenty-one of such chapter are hereby renumbered sections fourteen and fifteen, respectively. § 11. Section twenty-two of such chapter is hereby renumbered section sixteen and subdivision twenty-nine thereof, which was added by chapter two hundred seven of the laws of nineteen hundred twenty-seven, is hereby amended to read as follows: 29. All the functions of the former department of farms and markets, of the former council of farms and markets and of the |