tlement. Said board shall also request each of the parties to forward to its secretary an application for arbitration.

§ 3. Duty of board after application to arbitrate received.-As soon as practicable after receiving such application the board shall request each of the parties to the dispute to agree upon a written statement of facts relating to the controversy and to submit the same to the board: Provided, That when such agreement and statement cannot be reached, each of said parties may separately submit to the board a written statement of grievances. Applications to the said board for arbitration on the part of employers must precede any lockout, and, on the part of the employees, any strike: Provided, That in case a lockout or strike already exists, the board shall accord arbitration if the parties shall resume their relations with each other as employers and employees. Said applications shall include a promise to abide by the decision of the board, and shall be signed by the employer or employers, or his or their authorized agent, on the one side, and by a majority of his or their employees on the other.

§ 4. Board to arbitrate; may employ stenographer.-As soon as practicable after receiving said applications the board shall proceed to arbitrate. When it shall be necessary, in the judgment of said board, it may engage the services of a stenographer to take and transcribe an account of any arbitration proceedings.

§ 5. May subpoena witnesses; general powers.-The board shall have power to summon as witnesses by subpoena any operative or expert in the departments of business affected, and any person who keeps the record of wages earned in those departments, or any other person, and to administer oaths, and to examine said witnesses, and to require the production of books, papers and records. In case of disobedience to a subpoena the board may invoke the aid of any court in the state in requiring the attendance and testimony of witnesses, and the production of books, papers and documents under the provisions of this section. Any of the district courts of the state within the jurisdiction of which such inquiry is carried on may, in case of

contumacy or refusal to obey a subpoena issued to any such wit. ness, issue an order requiring such witness to appear before said board and produce books and papers if so ordered, and give evidence touching the matter in question. Any refusal to obey such order of the court may be punished by such court as a contempt thereof.

§ 6. Mayors and sheriffs to notify board of threatened strikes or lockouts. It shall be the duty of mayors of cities and sheriffs of counties, when any condition likely to lead to a strike or lockout exists in the cities or districts where they have jurisdiction, to immediately forward information of the same to the secretary of the State Board of Conciliation and Arbitration. Such information shall include the names and addresses of persons who should be communicated with by the board.

§ 7. Sheriff to serve process.-Any notice or process issued by the state board of labor, conciliation and arbitration shall be served by any sheriff to whom the same may be directed, or in whose hands the same may be placed for service, without charge.

§ 8. Decision of board.-As soon as practicable after the board has investigated the differences existing between employer and employees, it shall make an equitable decision which shall state what, if anything, should be done by either or both parties to the dispute in order to amicably settle and adjust the differences existing between them. The findings of a majority of the board shall constitute its decision.

§ 9. Decision to be recorded and made public. 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 an annual report to be made to the governor before the first day of March of each year.

§ 10. Compensation of members.-The members of the board shall each receive a compensation of four dollars for each day's services while engaged in arbitration, said compensation to be paid by the parties to the controversy in such proportion as the board may decide; they shall also receive the actual and

necessary expenses incurred in the performance of their official duties, which expenses shall be paid out of the state treasury. § 11. Repeal. Chapter 1 of title 36 of the revised statutes of Utah, 1898, is hereby repealed.

§ 12. This act shall take effect upon approval. Approved this 14th day of March, 1901.

WISCONSIN.

[Laws of 1895, Chapter 364, as amended by L. 1897, ch. 258.] An Act to provide for a State Board of Arbitration and Conciliation for the settlement of differences between employers and their employees.

The People of the State of Wisconsin, Represented in Senate and Assembly, do enact as follows:

Section 1. The governor of the state shall within sixty days after the passage and publication of this act appoint three competent persons in the manner hereinafter provided, to serve as a State Board of Arbitration and Conciliation. One of such board shall be an employer, or selected from some association representing employers of labor; one shall be selected from some labor organization and not an employer of labor; and the third shall be appointed upon the recommendation of the other two; provided, however, that if the two appointed by the governor as herein provided do not agree upon the third member of such board at the expiration of thirty days, the governor shall appoint such third member. The members of said board shall hold office for the term of two years and until their successors are appointed. If a vacancy occurs at any time the governor shall appoint a member of such board to serve out the unexpired term, and he may remove any member of said board. Each member of such board shall before entering upon the duties of his office be sworn to support the constitution of the United States, the constitution of the state of Wisconsin, and to faithfully discharge the duties of his office. Said board shall at once organize by the choice of one of their number as chairman and another as secretary. All requests and communications intended

for said board may be addressed to the governor at Madison, who shall at once refer the same to the said board for their action.

§ 2. Said board shall as soon as possible after its organization establish such rules of procedure as shall be approved by the governor and attorney-general.

§ 3. Whenever any controversy or difference not the subject of litigation in the courts of this state exists between an employer, whether an individual, copartnership or corporation, and his employees, if at the time he employs not less than twenty-five persons in the same general line of business in any city, village or town in this state, said board may without any application therefor, and upon application as hereinafter pro. vided, and as soon as practicable thereafter, shall visit the locality of the dispute and make careful inquiry into the cause thereof, hear all persons interested therein who may come before them, advice the respective parties what (if anything), should be done or submitted to by either or both to adjust said dispute, and make a written decision thereof. This decision shall at once be made public, shall be published in two or more newspapers published in the locality of such dispute, shall be recorded upon proper books of record to be kept by the secretary of said board, and a succinct statement thereof published in the annual report hereinafter provided for, and said board shall cause a copy of such decision to be filed with the clerk of the city, village or town where said business is carried on.

§ 4. Said application shall be signed by said employer, or by a majority of his employees in the department of the business in which the controversy or difference exists, or their duly authorized agent, or by both parties, and shall contain a concise statement of the grievances complained of and a promise and agreement to continue in business or at work without any lockout or strike until the decision of said board; provided, however, that said board shall render its decision within thirty days after the date of filing such application. As soon as may be after the receipt of said application the secretary of said board shall cause public notice to be given of the time and place for

the hearing thereof; but public notice need not be given when both parties to the controversy join in the application and request in writing that no public notice be given. When notice has been given as aforesaid the board may in its discretion appoint two expert assistants to the board, one to be nominated by each of the parties to the controversy; provided, that nothing in this act shall be construed to prevent the board from appointing such other additional expert assistants as they may deem necessary. Such expert assistants shall be sworn to the faithful discharge of their duty, such oath to be administered by any member of the board. Should the petitioner, or petitioners, fail to perform the promise and agreement made in said application, the board shall proceed no further thereupon without the written consent of the adverse party. The board shall have power to subpoena as witnesses any operative in the departments of business affected by the matter in controversy, and any person who keeps the records of wages earned in such departments and to examine them under oath, and to require the production of books containing the record of ages paid. Subpoenas may be signed and oaths administered by any member of the board.

§ 5. The decision of the board herein provided for shall be open to public inspection, shall be published in a biennial report to be made to the governor of the state with such recommendations as the board may deem proper, and shall be printed and distributed according to the provisions governing the printing and distributing of other state reports.

§ 6. Said decision shall be binding upon the parties who join in said application for six months, or until either party has given the other notice in writing of his intention not to be bound by such decision from and after the expiration of sixty days from the date of said notice. Said notice may be given by serving the same upon the employer or his representative, and by serving the same upon the employees by posting the same in three conspicuous places in the shop, factory, yard or upon the premises where they work.

§ 7. The parties to any controversy or difference as described in section three of this act may submit the matters in dispute in