who are not parties to the dispute, and the commissioner of labor statistics and inspection, who shall be president of the board.

§ 3. The board shall have power to summon and examine witnesses and hear the matter in dispute, and, within three days after the investigation, render a decision thereon, which shall be published, a copy of which shall be furnished each party in dispute, and shall be final, unless objections are made by either party within five days thereafter; provided, that the only effect of the investigation herein provided for shall be to give the facts leading to such dispute to the public through an unbiased channel.

§ 4. In no case shall a board of arbitration be formed when work has been discontinued, either by action of the employer or the employes; should, however, a lockout or strike have occurred before the commissioner of labor statistics could be notified, he may order the formation of a board of arbitration upon resumption of work.

§ 5. The board of arbitration shall appoint a clerk at each session of the board, who shall receive three dollars per day for his services, to be paid, upon approval by the commissioner of labor statistics, out of the fund appropriated for expenses of the bureau of labor statistics.

Approved April 11, 1889.

PENNSYLVANIA.

An Act to establish boards of arbitration to settle all questions of wages and other matters of variance between capital and labor.

Whereas, The great industries of this commonwealth are frequently suspended by strikes and lockouts, resulting at times in criminal violation of the law and entailing upon the state vast expense to protect life and property and preserve the public peace;

And, whereas, No adequate means exist for the adjustment of these issues between capital and labor, employers and employes, upon an equitable basis where each party can meet together upon

terms of equality to settle the rates of compensation for labor and establish rules and regulations for their branches of industry, in harmony with law and a generous public sentiment; therefore, Section 1. Be it enacted, et cetera, That whenever any differences arise between employers and employes in the mining, manufacturing or transportation industries of the commonwealth which can not be mutually settled to the satisfaction of a majority of all parties concerned, it shall be lawful for either party, or for both parties jointly, to make application to the court of common pleas wherein the service is to be performed about which the dispute has arisen to appoint and constitute a board of arbitration to consider, arrange and settle all matters at variance between them, which must be fully set forth in the application; such application to be in writing and signed and duly acknowledged before a proper officer by the representatives of the persons employed as workmen, or by the representatives of a firm, individual or corporation, or by both, if the application is made jointly by the parties; such applicants to be citizens of the United States; and the said application shall be filed, with the record of all proceedings had in consequence thereof, among the records of said court.

§ 2. That when the application, duly authenticated, has been presented to the court of common pleas, as aforesaid, it shall be lawful for said court, if in its judgment the said application allege matters of sufficient importance to warrant the intervention of a board of arbitrators, in order to preserve the public peace or promote the interests and harmony of labor and capital, to grant a rule on each of the parties to the alleged controversy, where the application is made jointly, to select three citizens of the county, of good character and familiar with all matters in dispute, to serve as members of the said board of arbitration, which shall consist of nine members, all citizens of this commonwealth; as soon as the said members are appointed by the respective parties to the issue the court shall proceed at once to fill the board by the selection of three persons from the citizens of the county of well-known character for probity and general intelligence, and not directly connected with the interests of either

party to the dispute, one of whom shall be designated by the said judge as president of the board of arbitration. Where but one party makes application for the appointment of such board of arbitration the court shall give notice, by order of court, to both parties in interest, requiring them each to appoint three persons as members of said board within ten days thereafter, and in case either party refuses or neglects to make such appointment, the court shall thereupon fill the board by the selection of six persons who, with the three named by the other party in the controversy, shall constitute said board of arbitration. The said court shall also appoint one of the members thereof secretary to the said board, who shall also have a vote and the same powers as any other member, and shall also designate the time and place of meeting of the said board. They shall also place before them copies of all papers and minutes of proceedings to the case or cases submitted.

§ 3. That when the board of arbitration has been thus appointed and constituted, and each member has been sworn or affirmed, and the papers have been submitted to them, they shall first carefully consider the records before them, and then determine the rules to govern their proceedings; they shall sit with closed doors until their organization is consummated, after which their proceedings shall be public. The president of the board shall have full authority to preserve order at the sessions, and may summon or appoint officers to assist, and in all ballotings he shall have a vote. It shall be lawful for him, at the request of any two members of the board, to send for persons, books and papers, and he shall have power to enforce their presence and to require them to testify in any matter before the board, and for any willful failure to appear and testify before said board, when requested by the said board, the person or persons so offending shall be guilty of a misdemeanor, and on conviction thereof in the Court of Quarter Sessions of the county where the offense is committed, shall be sentenced to pay a fine not exceeding five hundred dollars and imprisonment not exceeding thirty days, either or both, at the discretion of the court.

41

642 REPORT OF THE BOARD OF MEDIATION AND ARBITRATION.

§ 4. That as soon as the board is organized, the president shall announce that the sessions are opened, and the variants may appear with their attorneys and counsel, if they so desire, and open their case; and in all proceedings the applicant shall stand as plaintiff, but when the application is jointly made, the employes shall stand as plaintiff in the case; each party in turn shall be allowed a full and impartial hearing and may examine experts and present models, drawings, statements and any proper matter bearing on the case, all of which shall be carefully considered by the said board in arriving at their conclusions, and the decision of the said board of arbitration shall be final and conclusive of all matters brought before them for adjustment; and the said board of arbitration may adjourn from the place designated by the court for holding its sessions, when it deems it expedient to do so, to the place or places where the dispute arises, and hold sessions and personally examine the workings and matters at variance, to asisst their judgment.

§ 5. That the compensation of the members of the board of arbitration shall be as follows, to-wit: Each shall receive four dollars per diem and ten cents per mile, both ways, between their homes and the place of meeting, by the nearest comfortable routes of travel, to be paid out of the treasury of the county where the arbitration is held; and witnesses shall be allowed from the treasury of the said county the same fees now allowed by law for similar service.

§ 6. That the board of arbitrators shall duly execute their decision, which shall be reached by a vote of a majority of all the members by having the names of those voting in the affirmative signed thereon and attested by the secretary, and their deci sions, together with all the papers and minutes of their proceedings, shall be returned to and filed in the court aforesaid for safe keeping.

§ 7. All laws and parts of laws inconsistent with the provisions of this act, be and the same are hereby repealed.

Approved the 18th day of May, A. D. 1893.