May attend to

The other of said commissioners shall have been, for not less than six years, an employer of labor, for wages, in some department of industry in which it is usual to employ a number of persons, under single direction and control, and shall be, at the time of his appointment, affiliated with the employing interest, as distinguished from the labor interest. Neither of said commissioners shall be less than twentyfive years of age, and they shall not be members of the same political party. A political party within the meaning of this section, should be held to mean one or more parties supporting one ticket or member of a fusion; neither of them shall hold any other State, county or city office in Idaho, during the term of office for which they shall be appointed.

Each of said commissioners shall take and subscribe an oath, to be endorsed upon his commission, to the effect that he will punctually, honestly and faithfully discharge his duties as such commissioner.

SEC. 374. Such commission shall have a seal and shall not be required private business. to leave their personal labor or business, except to perform the duties devolving upon them as members of the labor commission.

Secretary.

Eight hours a day's work.

Bids to specify

When necessary, they may appoint a secretary, who shall be a skillful stenographer and typewriter, and who shall receive a salary of four dollars per day and traveling expenses for every day spent in the discharge of duty under the direction of the commission.

CHAPTER 16.-Hours of labor on public works.

SECTION 622. Not more than eight hours' actual work shall constitute a lawful day's work on all State, county, and municipal works: Provided, That this shall not be construed as meaning any labor except manual labor, employed by the day, and nothing herein contained shall apply to State, county, or municipal officials, or to any employees of the State, or any county or municipality, who are paid monthly or yearly salaries.

SEC. 623. Any and all bids for work on public buildings or other hours of labor. public works of the State, or of any county or municipality of the State, shall expressly state and declare that all laborers and mechanics employed by the day on such buildings or public works, or in the preparation of materials to be directly used for or in the construction of such buildings or public works, shall be employed on the basis of eight hours as a lawful day's work.

CHAPTER 16.-Public printing to be done within the State-Exception.

SECTION 631. All printing, binding and stationery work executed for or on behalf of the State, and for which the State contracts or becomes in any way responsible shall be executed within the State of Idaho, except as provided in section 633.

SEC. 632. All county printing, binding and stationery work, executed for or on behalf of the several counties throughout the State for which the said counties contract or become in any way responsible, shall be executed within the county for which said work is done, when there are practicable facilities within the said county for executing the same, but when it shall become necessary, from want of proper facilities, to execute the work without the said county, then the same shall be executed at some place within the State of Idaho, except as provided in section 633.

SEC. 633. Whenever it shall be established that any charge for printing, binding, or stationery work is in excess of the charge usually made to private individuals for the same kind and quality of work, then the State or county officer or officers having such work in charge shall have power to have such work done outside of said county or State, but nothing herein shall be construed to oblige any of said officers to accept any unsatisfactory work.

SEC. 634. All contracts entered into in violation of these provisions shall be void.

CHAPTER 16.-Trade-marks of trade unions.

SECTION 635. Whenever any person, or any association or union of Counterfeiting, workingmen, has heretofore adopted or used, or shall hereafter adopt etc., unlawful. or use any label, trade-mark, term, design, device or form of advertisement for the purpose of designating, making known, or distinguishing any goods, wares, merchandise, or other products of labor, as having been made, manufactured, produced, prepared, packed or put on sale, by such person, or association, or union of workingmen or by a member or members of such association or union, it shall be unlawful to counterfeit or imitate such label, trade-mark, term, design, device or form of advertisement, or to use, sell, offer for sale, or in any way utter, or circulate any counterfeit, or imitation of any such label, trade-mark, term, design, device or form of advertisement.

SEC. 636. Every such person, association or union that has hereto- Copies to be fore adopted or used, or shall hereafter, adopt or use, a label, trade- filed. mark, term, design, device or form of advertisement, as provided in section 635, may file the same for record in the office of the secretary of state, by leaving two copies, counterparts or facsimiles thereof, with said secretary and by filing therewith, a sworn application specifying the name or names of the person, association or union on whose behalf such label, trade-mark, term, design, device or form of advertisement shall be filed; the class of merchandise and a description of the goods to which it has been or is intended to be, appropriated, stating that the party so filing or on whose behalf such label, trademark, term, design, device, or form, of advertisement shall be filed, has the right to the use of the same; that no other person, firm, association, union or corporation, has a right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the facsimiles or counterparts filed therewith are true and correct. There shall be paid for such filing and recording a fee of one dollar. Said secretary shall deliver to such person, association, or union, so filing or causing to be filed any such label, trade-mark, term, design, device or form of advertisement, so many duly attested certificates of the recording of the same as such person, association, or union may apply for, for each of which certifi- Certificate. cates said secretary shall receive a fee of one dollar. Any such certificate of record shall, in all suits and prosecutions under this subdivision be sufficient proof of the adoption of such label, trade-mark, term, design, device or form of advertisement. Said secretary of state shall not record for any person, union, or association, any label, trademark, term, resign [design], device or form of advertisement that would probably be mistaken for any label [,] trade-mark, term, design, device, or form of advertisement theretofore filed by, or on behalf of any other person, union or association; and any person who shall for him- False stateself or on behalf of any other person, association or union procure the ments. filing of any label, trade-mark, term, design or.form of advertisement in the office of the secretary of state under the provisions of this subdivision, by making any false or fraudulent representations or declarations, verbally or in writing or by any fraudulent means, shall be liable to pay any damages sustained in consequence of any such filing, to be recovered by, or on behalf of the party injured thereby, in any court having jurisdiction.

SEC. 637. Every such person, association or union adopting or using Right to ina label, trade-mark, term, design, device or form of advertisement as junction, etc. aforesaid may proceed by suit, to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, and all courts of competent jurisdiction shall grant injunctions to restrain such manufacture and may award the complainant in any such suit, damages resulting from such manufacture, use, sale or display, as may be by the said court, deemed just and reasonable, and shall require the defendants to pay to such persons, association, or union, all profits derived from such wrongful manufacture, use, display or sale; and such court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such cause be delivered to an officer of the court, or to the complainant to be de

Certain

notices.

per

stroyed; and in all cases when such association or union is not incorporated, suits may be commenced and prosecuted by an officer or members of such 'association or union on behalf of, and for the use of such association or union.

CHAPTER 16.-Protection of wages, etc.-Filing and publication of contracts, etc.

SECTION 638. It shall be the duty of any person, persons, company or sons to publish corporation, engaged in working any mine, mines, mining premises or in developing any mining claim or claims, whether quartz or placer, or in the running of any tunnel, or in the erection or repair of any building or other structure, or in the construction of any canal, ditch, railroad, wagon road or aqueduct, in every case where mechanics or laborers are employed in or about the properties above mentioned, to make, record and publish a statement under oath, setting forth such data as are provided in section 639.

Contents of no

tice.

Filing notices.

Posting.

Duty of labor commission.

Mediation.

SEC. 639. The statement required by the preceding section shall contain the following data:

First. The name or names of the owner or owner[s] of the mine, mines, mining claim or premises, tunnel, building, canal, ditch, railroad, wagon road, aqueduct or other structure upon which work is being done or upon which it is intended to begin work;

Second. The name or names of the person, persons, company or corporation engaged in or who contemplate engaging in work upon any of the properties or structures mentioned herein;

Third. The conditions under which said person, persons, company or corporation is prosecuting said work, whether as owner, agent, lessee, contractor, subcontractor, contemplative purchaser or lien holder;

Fourth. The principal office of said person, persons, company or corporation, and if a corporation the State or county where incorporated and the agent in this State on whom service may be had;

Fifth. The day of the week or month when payment of the laborers, mechanics and material men will be made and the place where said payments will be made;

Sixth. A statement of all mortgages and liens against the property on which work is being done, with the amount of each of said incumbrances and whether or not the same is due.

SEC. 640. Any person, persons, company or corporation who shall engage in working, developing or prospecting any mine, mines, mining claims or premises, or in running any tunnel or in repairing or erecting any building, or in constructing any canal, ditch, railroad, wagon road, aqueduct or other structure, and shall employ any mechanics or laborers in prosecuting said work, shall, before employing said mechanics or laborers or any of them, make and file for record in the office of the recorder of the county in which said labor is being done and if there be a district recorder, then also in the office of said district recorder of the district where said mechanics or laborers are employed, a statement under oath containing the data required by section 639, and at the same time shall post similar statements in his or its office, at the place where payment of wages is to be made, and in a public and conspicuous place where it can be easily seen at or near the place where said mechanics or laborers are employed.

CHAPTER 16.-Labor commission—Arbitration of labor disputes.

SECTION 641. It shall be the duty of the State labor commission, upon receiving authentic information, in any manner, of the existence of any strike, lockout, or other labor complication in this State, effecting [affecting] the labor or employment of fifty persons or more, to go to the place where such complication exists, put themselves into communication with the parties to the controversy, and offer them [their] services as mediators between them: Provided, That in all cases where less than fifty persons are on strike or lockout, the commission may, in their discretion, act as though such number of strikers consisted of fifty or more persons. If they shall not succeed in effecting an amicable adjustment of the controversy in that way, they shall

endeavor to induce the parties to submit their differences to arbitration, either under the provisions of this subdivision or otherwise as they may elect.

SEC. 642. For the purpose of arbitration, under this subdivision, the Arbitration. labor commissioners and the judge of the district court of the district in which the business in relation to which the controversy shall arise, shall have been carried on, shall constitute a board of arbitrators, to which shall be added, if the parties so agree, two other members, one to be named by the employer, and the other by the employees in the arbitration agreement. If the parties to the controversy are a railroad company, and the employees of the company engaged in the running of trains, any terminal within this State, of the road, or any division thereof, may be taken and treated as the location of the business within the terms of this section, for the purpose of giving jurisdiction to the judge of the district court, to act as a member of the board of arbitration.

SEC. 643. An agreement to enter into arbitration under this sub- Agreement to division, shall be in writing and shall state the issue to be submitted arbitrate. and decided, and shall have the effect of an agreement, by the parties,

to abide by, and perform the award.

Such an agreement may be signed by the employer, as an individual firm, or corporation, as the case may be, and execution of the agreement, in the name of the employer, by any agent or representative of such employer, then and therefore in control or management of the business or department of business, in relation to which the controversy shall have arisen, shall bind the employer. On the part of the employees the agreement may be signed by them, in their own person, not less than two-thirds of those concerned in the controversy, signing, or it may be signed by a committee, by them appointed. Such committee may be created by election at a meeting of the employees concerned in the controversy, at which not less than two-thirds of such employees shall be present, which election, and the fact of the presence of the required number of employees at the meeting, shall be evidenced by the affidavit of the chairman and secretary of such meeting, attached to the arbitration agreement. If the employees, concerned in the controversy, or any of them shall be members of any labor union or workingmen's society, they may be represented in the execution of said arbitration agreement by officers or committeemen of the union or society designated by it, in any manner conformable to its usual methods of transacting business, and others of the employees, represented by committee as hereinbefore provided. SEC. 644. If upon any occasion calling for the presence and inter- Judge may ap vention of the labor commissioners, under this subdivision, one of point commissioner, when. said commissioners shall be present and the other absent, the judge of the district court of the district in which the dispute shall have arisen, as defined in section 642, shall upon the application of the commissioners present, appoint a commissioner pro tem, in the place of the absent commissioner and such commissioner pro tem shall exercise all the powers of a commissioner under this subdivision until the termination of the duties of the commission with respect to the particular controversy, upon the occasion of which the appointment shall have been made, and shall receive the same pay and allowances provided by this subdivision, for the other commissioners. Such commissioner pro tem shall represent and be affiliated with the same interests as the absent commissioner.

SEC. 645. Before entering upon their duties, the arbitrators shall Oath, proceedtake and subscribe an oath or affirmation to the effect that they will ings, etc. honestly and impartially perform their duties as arbitrators, and a just and fair award render, to the best of their ability. The sitting of the arbitrators shall be in the court room of the district court or such other place as shall be provided by the county commissioners, of the county in which the hearing is had. The district judge shall be the presiding member of the board. He shall have power to issue subponas for witnesses who do not appear voluntarily, directed to the sheriff of the county, whose duty it shall be to serve the same without delay. He shall have power to administer oaths and affirmations to witnessess, enforce order, and direct and control the examinations. The proceedings shall be informal in character, but in general

Award.

upon award.

accordance with the practice governing the district courts in the trial of civil cases. All questions of practice, or questions relating to the admission of evidence, shall be decided by the presiding member of the board summarily and without extended argument. The sittings shall be open and public. If five members are sitting as such board, three members of the board, agreeing, shall have power to make an award, otherwise two. The secretary of the commission shall attend the sitting and make a record of the proceedings in shorthand, but shall transcribe so much thereof only as the commission shall direct. SEC. 646. The arbitrators shall make their award in writing and deliver the same with the arbitration agreement and their oath as arbitrators, to the clerk of the district court of the judicial district in which the hearing was had, and deliver a copy of the award to the employer and a copy to the first signer of the arbitration agreement on the part of the employees. A copy of all the papers shall be preserved by the commission. Proceedings SEC. 647. The clerk of the district court shall record the papers, delivered to him, as directed in the last preceding section, in the order book of the district court. Any person, who was a party to the arbitration proceeding, may present to the district court of the county in which the hearing was had, or the judge thereof, in vacation, a verified petition referring to the proceedings and the record of them, in the order book, and showing that said award has not been complied with, stating by whom and in what respect it has been disobeyed. And thereupon, the court or judge thereof, in vacation, shall grant a rule against the party or parties so charged, to show cause within five days, why said award has not been obeyed, which shall be served by the sheriff as other process. Upon return made to the rule, the judge or court, if in session, shall hear and determine the questions presented and make such order or orders, directed to the parties before him, in personam, as shall give just effect to the award. Disobedience by any party to such proceedings of any order so made, shall be deemed a contempt of the court, and may be punished accordingly. But such punishment shall not extend to imprisonment except in case of willful disobedience. In all proceedings under this section, the award shall be regarded as presumptively binding upon the employer and all employees who were parties to the controversy submitted to arbitration, which presumption shall be overcome only by proof of dissent from the submission delivered to the arbitrators, or one of them, in writing, before the commencement of the hearing.

Enforcement.

Rules, etc.

Requests to arbitrate.

Arbitration

dence.

SEC. 648. The labor commission with the advice and assistance of the attorney-general of the State, which he is hereby required to render, may make rules and regulations respecting proceedings in arbitration, under this subdivision, not inconsistent therewith or the law, including forms, and cause the same to be printed and furnished to all persons applying therefor, and all arbitration proceedings hereunder shall thereafter conform to such rules and regulations.

SEC. 649. Any employer and his employees, not less than twentyfive in number, between whom differences exist which have not resulted in any open rupture or strike, may, of their own motion, apply to the labor commission, for arbitration of their differences, and upon the execution of an arbitration agreement, as herein before provided, a board of arbitrators shall be organized in the manner herein before provided, and the arbitration shall take place and the award be rendered, recorded and enforced, in the same manner as in arbitrations under the provisions of the preceding sections.

SEC. 650. In all cases requiring the attendance of a judge of the distakes prece-trict court as a member of the arbitration board, such duty shall have precedence over any other business pending in his court, and if necessary for prompt transaction of such other business, it shall be his duty to appoint the district judge of an adjoining district to sit in the district court in his place during the pendency of such arbitration, and such appointee shall receive the same compensation for his services as is now allowed by law to judges appointed to sit in case of change of Judge unable judge in civil actions. In case the judge of the district court, whose duty it shall become [under this act] to sit upon any board of arbitrators, shall be at the time actually engaged in a trial which can not be

to act.