The Texas Almanac for 1867 with Statistics, Descriptive and Biographical Sketches, etc., Relating to Texas. Page: 59
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LABO CONTRACTS. 5g
LABOR CONTRACTS.
UNDLm the changed and unhappy condition of every thing connected with
farm-labor and farming in our once happy land, it has become necessary to
adopt some form of contract with the negro, when hired as a farm-laborer.
And that form should be, as far as possible, uniform all over the State.
Mere engagements for occasional work, by the day, week, or month will
not do upon cotton plantations. No man can afford to risk the outlay neces-
sary, unless the labor is reasonably sure for the year.
Whether hired for money-wages or for a portion of the crops, there are
certain stipulations which should be rigidly insisted upon.
By laws recently enacted-approved , 1866--it is provided that
contracts made with laborers, for more than one month, may be in writing;
three copies of the contract to be made; one for the employer; one for the
employed, who represents himself and his family; and the third shall be filed
in the office of the Clerk of the County, and by him properly indexed in a
book for that purpose, that it may be easily referred to.
The interests of both employer and laborer are carefully and fully guarded
by the provisions of this act. The laborer has a lien upon one half the crops
for the payment of his wages, whether payable in money or in kind. He can
be held liable in damages for breach of contract on his part.
An amendment to the Penal Code makes it a serious pewna ofense to tam-
per with, or persuade, the employ of another to break his or her contract,
and t still more serious offense to employ the employs of another while under
contract. Hence the importance of carefully drawn-up contracts.
The laborer should stipulate that he engages himself and his family to the
employer, as farm-laborers upon his farm, in such and such a county, to do
and perform all of the work required to be done upon that farm, as directed
by the employer, be that work what it may in the regular course of work;
including the care of stock of all kinds upon the farm, cutting and hauling
wood for, and supplying other like customary and necessary wants of, their
own and their employer's households ; carrying on such a system of improve-
ments as, in the employer's judgment, can be carried on without detriment
to the crops-such as making and repairing fences, hedging and ditching,
opening fresh lands, building and repairing houses; and doing any other
necessary and customary farm-work.
That for himself and family, he recognizes as the hours of labor, ten hours
per day, of steady work, upon an average of working days the year round-
that is, that while a fewer number of hours may suffice during some seasons
of the year, to do the needful work, a greater number may be required at
others; as, for instance, when cutting out, or picking cotton, etc.; and which
shall not be considered as being extra labor, if not exceeding-an average of
ten hours per day, and not even then if the employer deems the extra labor
necessary to the saving of crops.
If, however, the laborers are paid money-wages, and are required by the
necessities of the work upon the farm to labor more than an average, the year
round, of ten hours per day, they should be paid for that extra labor at the
rate at which they are hired.
If paid in a share of the crops, a daily record should be kept of the work
done by each worker upon the farm, and of the ability of each worker; to be
op6n every Saturday afternoon to all who are interested; andto form the basis
of a just and fair division among the laborers, of their respective shares of
the crops. The employer or manager, where one is kept, should settle all
misunderstandings or disputes between the laborers; and in case of any dis-
putesor disagreements arising, which can not be thus settled by employer and
manager, such cases should be submitted to the arbitration of the County
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The Glaveston News. The Texas Almanac for 1867 with Statistics, Descriptive and Biographical Sketches, etc., Relating to Texas., book, December 1866; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth123772/m1/61/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.