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 wellknown 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 the 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.

§ 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 assist 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 decisions, 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.

TWELFTH ANNUAL REPORT OF THE

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UTAH.

BOARD OF LABOR, CONCILIATION, AND ARBITRATION.

Section 1. As soon as this act shall be approved, the Governor, by and with the consent of the Senate, shall appoint three persons, not more than two of whom shall belong to the same political party, who shall be styled a State Board of Labor, Conciliation and Arbitration, to serve as a State Board of Labor, Conciliation and Arbitration, one of whom and only one of whom shall be an employer of labor, and only one of whom shall be an employe, and the latter shall be selected from some labor organization, and the third shall be some person who is neither an employe nor an employer of manual labor, and who shall be chairman of the Board. One to serve for one year, one for three years and one for five years, as may be designated by the Governor at the time of their appointment, and at the expiration of their terms, their successors shall be appointed in like manner for the term of four years. If a vacancy occurs at any time, the Governor shall, in the same manner appoint some one to serve the unexpired term and until the appointment and qualification of his Each member of the said Board shall, before entering upon the duties of his office, be sworn to a faithful discharge thereof.

successor.

§ 2. The Board shall at once organize by selecting from its members a secretary, and they shall, as soon as possible after such organization, establish suitable rules of procedure.

§ 3. When any controversy or difference, not involving questions which may be the subject of an action at law or bill in equity, exists between an employer (whether an individual, copartnership or corporation) employing not less than ten persons,

and his employes, in this State, the Board shall, upon application as herein provided, and as soon as practicable thereafter, visit the locality of the dispute, and make a careful inquiry into the cause thereof, hear all persons interested therein, who may come before them, advise the respective parties what, if anything, ought to be done or submitted to by either or both to adjust said dispute, and make a written decision thereof.

§ 4. This decision shall at once be made public, shall be recorded upon the proper book of record to be kept by the secretary of said Board, and a short statement thereof published in the annual report hereinafter provided for.

§ 5. Said application shall be signed by said employer, or by a majority of his employes in the department of the business in which the controversy or difference exists, or by both parties, and shall contain a concise statement of the grievances complained of, and a promise to continue on in business or at work without any lockout or strike until a decision of said Board, if it shall be made within three weeks of the date of filing the said application.

§ 6. As soon as may be after receiving said application, the secretary of said Board shall cause public notice to be given, of the time and place for the hearing thereon, but public notice need not be given when both parties to the controversy join in the application and present therewith a written request that no public notice be given. When such request is made, notice shall be given to the parties interested in such manner as the Board may order, and the Board may at any stage of the proceedings cause public notice, notwithstanding such request.

§ 7. The Board shall have the power to summon as witnesses by subpoena any operative or expert in the department of busi