affixed by any person, or by any association or union of workingmen, to his goods, which has been recorded in the office of the secretary of state, with intent to pass off any goods to which such forged or counterfeited trade-mark is affixed, or intended to be affixed, as the goods of such person or such association or union of workingmen, is guilty of a misdemeanor.

marks.

SEC. 4483. Every person who sells, or keeps for sale, any goods Using countupon or to which any counterfeited trade-mark has been affixed, erfeit tradeafter such trade-mark has been recorded in the office of the secretary of state, intending to represent such goods as the genuine goods of another, knowing the same to be counterfeited, is guilty of a misdemeanor.

ACTS OF 1901.

CHAPTER 44.-Coercion of employees-Company stores and board

ing houses.

in

SECTION 1. Every person, body-corporate, agent, manager, or Influencing employer, doing business in the State of Utah, who by coercion, choice of boardemployees intimidation, threats or undue influence, compels his employees to ing house, etc. boarding [board] at a particular boarding house, or to trade with or at a particular store, shall be deemed guilty of a misdemeanor. CHAPTER 52.-Protection of employees on street railways— Inclosed platforms.

SECTION 1. From and after the first day of November, 1901, it shall be unlawful for any person, partnership, or corporation own ing or operating a street railway in this State, or for any officer or agent thereof, superintending or having charge or control of the management of the said line of railway, or of the cars thereof, operating electric, cable or other cars propelled either by steam, cable or electricity, which require when in operation the constant services, care or attention of any person or persons on any part of such car, to require or permit such services, attention or care of any of its employees, or any other person or persons between the first day of November, and the first day of April of each year, unless such person, partnership, or corporation, its officers or superintending or managing agents have first provided, at least one-third of the entire number of cars so owned, with a proper and sufficient inclosure, constructed of wood, iron and glass or similar suitable materials, sufficient to protect such employees from exposure to the inclemencies of the weather: Provided, That such inclosure shall be so constructed as not to obstruct the vision of the person operating such car. That two-thirds of the said cars so owned shall be provided with inclosures as heretofore described, on or before the first day of November, 1902; and that the remaining one-third of such cars so owned shall be provided with inclosures in a similar manner on or before the first day of November, 1903.

Platforms to be inclosed. when.

Proviso.

Unlawful to cars

without inclo

SEC. 2. It shall be unlawful for any such person, partnership or corporation so owning or operating a street railway using steam, operate electric or cable cars, or any superintending or managing officer or sure. agent thereof, to cause or permit to be used upon such line of railway, between said first day of November, and said first day of April, of each and every of said years, any car or cars upon which services of any employee such as specified in section 1 of this act, is required, unless said car or cars shall be provided with the inclosure required by said section 1 of this act.

SEC. 3. Any person, partnership, or corporation owning, operat- Penalty. ing, superintending or managing any such line of street railway, or managing, superintending officer or agent thereof, who shall be found guilty of a violation of the provisions of sections 1 or 2, of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $250. Each day any of said persons cause or permit any of their said employees to operate such car or cars in viola

Proviso.

Bureau established.

Duties.

of

Powers commissioner.

tion of the provisions of section 1 of this act, or cause or permit cars to be run or operated in violation of section 2 of this act, shall be deemed a separate offense: Provided, That the provisions of this act shall not apply to cars used and known as trailing car or cars used solely in construction or repair work, or car or cars known as open or summer cars.

CHAPTER 55.-Bureau of statistics.

SECTION 1. A State bureau of statistics is hereby created and shall be under the control of a commissioner, who shall be appointed by the governor, by and with the consent of the senate, and whose term of office shall be four years and until his suc cessor is appointed and qualified. He shall have an office at the capital of the State, and shall have the power to appoint a deputy and such other assistants, from time to time, as shall be necessary for the transaction of the business of his office.

SEO. 2. The duties of said bureau shall be to collect, assort, systematize and present in annual reports to the governor, statistical 'details relating to agriculture, mining, manufactures and other industries in the State; said reports to be published annually and distributed under the direction of the State board of examiners.

SEC. 3. The commissioner of the bureau of statistics shall have power to issue subpoenas, administer oaths and take testimony in all matters relating to the duties herein required by said bureau, said testimony to be taken in some suitable place in the vicinity to which testimony is applicable. Witnesses subpoenaed and testifying before the commissioner of the bureau shall be paid the same fees as witnesses before a justice's court, such payment to be made out of the contingent fund of the bureau in advance, but such expense for witnesses shall not exceed $100 annually. Any person duly subpoenaed under the provisions of this section, who shall willfully neglect or refuse to attend or testify at the time and place named in the subpœna, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall be punished by a fine not exceeding $50 and costs of prosecution, or by imprisonment in the county jail not exceeding thirty days: Provided, however, That no witness shall be compelled to go outside the county in which he resides to testify. SEC. 4. Said commissioner shall give a bond of $10,000, for the faithful performance of the duties required by this act. The comCompensation. missioner shall receive a compensation of $1,500 per annum and actual traveling expenses, to be audited and paid as with other State officers. Particulars SEC. 5. In the reports of the commissioner no use shall be made not to be dis- of names of individuals, firms or corporations supplying the information called for by this act, such information being deemed confidential and not for the purpose of disclosing personal affairs; and any officer or employee of the bureau of statistics violating this provision shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not exceeding $500 and costs of prosecution, or by imprisonment in the county jail not exceeding one year.

Bond.

closed.

Schedules to be preserved.

Collection of Information,

SEC. 6. No report or return made to said bureau in accordance with the provisions of this act, and no schedule, record or document gathered or returned by its officers or employees, shall be destroyed within two years of the collection or receipt thereof. At the expiration of two years all records, schedules or papers accumulating in said bureau during said period, that may be considered of no value by the commissioner, may be destroyed: Provided, The authority of the State senate be first obtained for such destruction.

SEC. 7 (as amended by chapter 88. Acts of 1903). Said bureau may collect the information called for by this act, or such infor mation as the commissioner shall consider essential to perfect the work of the bureau, from the several State, county, city, town, precinct and school district officers, and from officers of prisons,

penal and reformatory institutions; and it shall be the duty of all such officers to furnish, upon the written or printed request of the commissioner, such information as shall be considered necessary for the purposes of this act, upon blanks furnished by said bureau. Each owner, operator or manager of industrial, mining or agricultural business, or other person having information necessary to the work of the bureau of statistics, shall, upon the request of the commissioner, furnish the same, upon blanks to be provided by the said bureau. Each owner, operator or manager of any industrial, mining or agricultural business, or any person having information necessary to the work of the bureau, who fails or refuses to furnish the information so requested, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than ten dollars nor more than one hundred dollars, and costs of prosecution.

SEC 9 (as amended by chapter 88, Acts of 1903). The commissioner of the bureau shall require each person, company and corporation engaged in industrial or mining pursuits in the State to make statistical statements, as indicated on blanks furnished by the bureau, as follows:

Statistics;

Of manufac

Industries: Number of establishments; name and post office address of corporation, company or individual producing; name of tures; business; kind of motive power; average number and sex of hands employed; capital invested; raw material used; product; number of flouring mills, woolen mills, saw mills and factories of different classes; number of pounds of cheese and butter produced in factories; number and kind of cows used; number of mercantile establishments and average number of employees in each; amount of capital invested; number of workshops and average number of employees; minimum wages; maximum wages; average wages; number of hours per day employees are required to work.

Mining: Quantity of precious or other metals or minerals produced or handled; capital employed; approximate area of property; area of undeveloped property.

In addition, each person, company and corporation engaged in industrial or mining business shall furnish such other information as shall be requested on the blanks provided by the bureau therefor.

CHAPTER 68.—Board of labor, conciliation, and arbitration.

Of mining.

SECTION 1. Upon the approval of this act the governor, by and Appointment with the consent of the senate, shall appoint three persons, not of board. more than two of whom shall belong to the same political party, who shall be styled a State board of labor, conciliation and arbitration. One shall be an employer of labor; another shall be an employee and be selected from some labor organization; and the third shall be some person who is neither an employee nor an employer of manual labor, and shall be chairman of the board. One shall 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. At the expiration of their terms their successors shall be appointed in like manner for the term of four years. Should a vacancy occur 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 successor. Each member of said board shall, before entering upon his duties, take the constitutional oath of office. The board shall select from its members a secretary and shall establish suitable rules of procedure.

SEC. 2. Whenever it shall come to the knowledge of the said Mediation, board that a strike or lockout is seriously threatened in the State, involving any employer and his employees, if he is employing not less than ten persons, it shall be the duty of the said board to put itself into communication as soon as may be with such employer and employees, and endeavor by mediation to effect an amicable

Applications

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

SEC. 3. As soon as practicable, after receiving such applications, for arbitration. 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 can not be reached, each of said parties may separately submit to the board a written statement of griev ances. Applications to the said board for arbitration on the part of employers must precede any lockout, and, on the part of the employee[s], 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.

Duty of board.

etc.

SEC. 4. 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. Power to sum- SEC. 5. The board shall have power to summon as witnesses by mon witnesses, 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 produetion 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 witness, 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.

Duty of may. ors and sheriffs.

Service of process.

Decision.

Publication,

etc.

Compensa

SEC. 6. 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.

SEC. 7. 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.

SEC. 8. 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.

SEC. 9. 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.

SEC. 10. The members of the board shall each receive a comtion of board. pensation of $4 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 per

formance of their official duties, which expenses shall be paid out of the State treasury.

CHAPTER 85.-Mine regulations.

SECTION 1. For the purpose of securing an efficient and thorough Inspector. inspection of coal and hydro-carbon mines within the State of Utah and to provide for an adequate force therefor, the governor shall appoint, by and with the consent of the senate, one mine inspector for coal and hydro-carbon mines. The inspector so appointed shall hold his office for the term of four years from the date of his appointment and until his successor is appointed and qualified: Provided, That such inspector may be removed at the pleasure of the governor. In case of resignation, death or removal, the vacancy shall be filled by the governor for the unexpired term.

Salary.

SEC. 2. The said inspector of coal and hydro-carbon mines shall receive a salary of two thousand ($2,000) dollars a year and actual necessary traveling expenses incurred in the proper discharge of his official duties, to be paid quarterly by the State treasurer out of any moneys appropriated for that purpose, on the certificate of said inspector of mines showing service rendered, and also on presentation of the certificate of said inspector of coal and hydrocarbon mines showing a statement of all moneys received by him for fees, and the actual amount necessarily expended for actual traveling expenses for the quarter; and on presentation of such certificates the State auditor shall issue his warrant for the amount thereof, to be paid out of any appropriations aforesaid. He is hereby authorized to procure such instruments and stationery from time to time as may be necessary to the proper discharge etc. of his duties under this act, at the expense of the State, which shall be paid by the State treasurer upon accounts duly certified by him and audited by the proper department of the State.

Instruments,

Bond.

Qualifica

SEC. 3. Before entering upon the discharge of his official duties, the inspector shall give a bond to the State in the sum of ten thousand ($10,000) dollars, to be approved by the proper officers, conditioned for the faithful performance of his duties. Said bond shall be deposited with the secretary of state. The person so appointed must be a citizen of Utah, and must have attained the tions. age of thirty years. He must have a knowledge of different systems of working coal mines, and he must produce satisfactory evidence to the governor of having had at least five years' practical experience in the coal mines of Utah. He must have had experience in coal mines where noxious and explosive gases are evolved. He must hold the certificate of examination required by law to be held by mine foremen of the State.

SEC. 4. The said inspector shall not act as manager or agent or To give whole lessee for any mining or other corporation during his term of time to duties. office, but shall give his whole time and attention to the duties of his office.

Access to

SEC. 5. Every owner, agent, manager or lessee of any coal or hydro-carbon mines in this State shall freely admit the inspector mines. or his assistants to such mine on the exhibition of his certificate of appointment, for the purpose of making the examination and inspection provided for in this act, whenever the mine is in active operation, and render any necessary assistance for such inspection; but said inspector or his assistants shall not unnecessarily obstruct the working of said mine. Upon the refusal of the owner, agent, manager or lessee to admit the inspector or his assistants to such mine, such owner, agent, manager or lessee shall be subject to a fine of not less than fifty dollars nor more than five hundred dollars for each and every such offense.

SEC. 6. The owner, agent, manager or lessee of any coal or Maps. hydro-carbon nine in this State shall make, or cause to be made, an accurate map or plan of the workings of such mine, on

H. Doc. 733, 58-2-75