SEC. 3. TRUSTS.-The great combination by employers is, of course, the trust, as that by employees is the trade union. The trust is now commonly organized as a corporation under the charter of some State, usually New Jersey, Delaware, or West Virginia. The trade union, as has been said, is rarely incorporated at all. The matter of trusts having been referred by the Industrial Commission to Professor Jenks, of Cornell University, it is sufficient here to refer to his able and exhaustive report. It should be noted, however, that several of the States make express exception of agricultural combinations or associations of laboring men or farmers from all trust statutes. These are Michigan, Wisconsin, Nebraska, Montana, North Carolina (1899, 551), and Texas. The Texas law (1895, 3, 12) has been held unconstitutional in a Federal court (In re Grice, 79 Fed., 627).

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company, or who shall bring into the State or cause to be brought, or aid in bringing into the State any armed or unarmed police force or detective agency or force, or armed or unarmed body of men for the suppression or pretended suppression of domestic violence or disturbance, such person or persons shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the penitentiary for a period of not less than two years nor more than five years. Provided, The legislature when in session or the governor when the legislature is not in session may call upon the lawfully constituted authorities of the United States for protection against invasion and domestic violence as provided in section four, article four of the Constitution of the United States.

Any person, officer, company, association or organization who shall knowingly bring or cause.to be brought or aid in bringing into this State any armed or unarmed police, or detective force or other armed or unarmed body of men for the suppression or pretended suppression of any domestic violence, riot or disturbance except called upon by the lawful authority of this State as provided in section 1831, shall be liable in a civil action to any person or their legal representatives for any injury, for any and all damages to such person or to the property of any such individual through the action of or as the result of the coming or bringing into the State of such individuals or body of men or of any of them, whether acting together or separately, in carrying out, or attempting to carry out, the purpose or purposes for which they came or were brought into the State.

This act shall not be construed so as to prohibit the employment by the proper authorities or by any person or persons of individual detectives to aid in the detection of crime or the arrest of criminals.

'Thus, in Michigan (1889, 225, 6):

*

The provisions of this act shall not apply * * to the services of laborers or artisans who are formed into societies or organizations for the benefit and protection of their members.

In Wisconsin (1893, 219, 9):

This act shall not be construed to affect, or in any manner refer to or interfere with labor unions, or any other associations of laborers organized for the purpose of promoting the welfare of labor, nor shall it interfere with or suppress associations or organizations intended to legitimately promote the interests of trade, commerce or manufacturing in this State.

In Nebraska (5343):

Nothing herein contained shall prevent any assemblies or associations of laboring men from passing and adopting such regulations as they may think proper, in reference to wages and the compensation of labor, and such assemblies and associations shall retain, and there is hereby reserved to them all the rights and privileges now accorded to them by law, anything herein contained to the contrary notwithstanding. In Montana (P. C. 325):

The provisions of this chapter do not apply to any arrangement, agreement or combination between laborers, made with the object of lessening the number of hours of labor or increasing wages, nor to persons engaged in horticulture or agriculture, with a view of enhancing the price of their products.

In Texas (1895, 83, 12):

Provided, this act shall not be held to apply to live stock and agricultural products in the hands of the producer or raiser, nor shall it be understood or construed to prevent the organization of laborers for the purpose of maintaining any standard of wages.

CHAPTER XI.

ARBITRATION AND CONCILIATION.

ART. A. BOARDS OF ARBITRATION, ETC.

SEC. 1. CREATED BY THE STATE.-State boards of arbitration have been provided in nearly half the States, up to the time of this writing, for the adjustment of grievances and disputes between employers and employees by conciliation or arbitration.' There are also Federal statutes (see U. S. Laws, 1888, Ch. 1063; 1898, 370) applying, however, to railroad and transportation companies only. It was under this first statute (§ 6) that President Cleveland appointed the commissioners to investigate the Chicago riots of 1894.

There are three general types of these statutes providing for arbitration of labor disputes by a State board (for private or local boards, see § 2, below). The prevailing type, judging by the number of States adopting it, is that of the New York law, though the Massachusetts statute, which is embodied principally in the Ohio, Illinois, Wisconsin, Minnesota, Montana, Californa, Idaho, and Louisiana laws, seems to work better in practice. The Pennsylvania method is more peculiar, and is followed only in Iowa and Kansas. The Indiana and Texas methods are also anomalous.

The State board is, in all the States, appointed by the governor, and (except in California, Colorado, Utah, and Wisconsin) confirmed by the senate, or, in Massachusetts, the council. In all these States, with the exception of Indiana and Louisiana, the board consists of three persons. In New York and Connecticut one must be selected from each of the two parties casting the greatest number of votes at the last election for governor, and a third from a bona fide labor organization. But in Massachusetts, Ohio, Colorado, Wisconsin, Minnesota, California, Idaho, Utah, and Montana no reference is made to politics; but one must be an employer selected from some association representing employers, and one from some labor organization, not an employer, and the third to be appointed upon recommendation of the other two, or, if they fail to agree, by the governor. The Louisiana law is the same, except that there are five arbitrators; and in Indiana, two, with the judge of the circuit court of the county where the trouble occurs; to these three

1Mass. 1886, 263; 1887, 269; 1888, 261; 1890, 385; Conn. 1895, 239; N. Y. G. L. 32, Art. 10; N. J. 1892, 137, 6; Pa. Dig., pp. 133, 134; Ohio 1893, p. 83; Ind. 1897, 88, 1899, 228; Mich. 1889, 238; Ill. 1895, Special Session, 1899, p. 75; Iowa 1886, 20, 1; Wis. 1895, 364, 1897, 258; Minn. 1895, 170; Kans. 1886, 28, G. S. 1889, 5a; Md. Code, Art. 7; Mo. 63546358; Tex. 1895, 61; Cal. 1891, 51; Idaho Con., Art. 13, 7, 1897, p. 141, 1899, p. 430; Wyo. Con. 19, 1; Colo. 307; 1897, 2; Mont. Pol. C. 3330-8; Utah 1896, 62, Const. XVI 2; La. 1894, 139.

may be added two others if the parties so agree, one to be named by the employer and one by the employees. In Indiana, Illinois, and Utah only one must be an employer, and only one other a member of a labor organization, and not more than two of the same political party; and in Indiana neither one of the same party. In Michigan the governor may appoint any "competent" persons; in New Jersey one must belong to a labor organization. In Pennsylvania the boards of arbitration are practically local—that is, the presiding judges of the court of common pleas may issue a license for the establishment of such boards within their respective districts; and this is followed in Iowa and Kansas. So, in Missouri, they are appointed for each case by the State labor commissioner.

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The board holds office for three years. They may appoint a secretary, who shall keep full records of their proceedings and all documents and testimony forwarded by the local boards of arbitration. Such board or secretary has the power to issue subpoenas, administer oaths, call for and examine books and papers (" as far as is possessed by courts of record"-N. J., Ohio, Mich.); the arbitrators and clerk must take and subscribe an oath of office.5 In other States they appoint one of their own number chairman and one secretary." In Colorado the third member is secretary. They must generally establish rules of procedure; and in some States such rules must be approved by the governor and attorney-general or council.8

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But in a few States the functions of the State board of arbitration are filled only by the labor commissioner, and in others there is permission only for private or local arbitration (§ 2).

The usual provision for setting the machinery of the State board of arbitration in motion may be thus set forth: (1) Whenever any controversy * * * not the subject of litigation * ** exists between any employer * * * and his employees, if at the time he employs not less than twenty-five persons in the same line of business in any one city or town * * *said board shall, upon application of either party, proceed as soon as practicable to visit the locality, hear all interested parties, advise them as to an adjustment and make written report (Mass., Ohio, Ill., Wis., Minn., Idaho, Mont., Utah, La.).

So in other States, but the dispute need not be one which is not litigable (N. J., Colo.).

In others it must be a difference "which would involve a strike or lockout" (Cal.).

Such "application" by the parties is made, or, in other States, the parties may, in the first case, apply to the State board, by formal statements in writing, and they must (except in Indiana) agree to continue in business or at work without strike or lockout until a decision

2N. Y., Mich., Mass., Ohio, Ill. One year: Cal. Two years: Conn., Ind., Colo., Mont., Wis. Four years: Utah, La. Five years: N. J. Šix years: Idaho. 3 Mass. 1888, 261; N. Y., N. J., Conn., Mich., Ill., Mont., Ind., Utah.

Mass., Conn., N. Y., Ohio, Mich., N. J., Colo., Ind., Ill., Wis., Minn., Idaho, Utah, La.

Mass., N. Y., Conn., Ohio, Wis., N. J., Colo., Ind., Ill., Mont., Utah, La.

6 Ohio, La., Wis., Idaho, Utah, Minn.

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Mass., Ohio, Ill., Mont., La, Wis., Idaho, Ind., Minn., Cal., Utah.

8 Mass., Ohio, Mont., Wis., Idaho. But in Indiana, though informal, they must

be in general accordance with the practice in civil causes in the circuit courts. Mo. 6354; Colo. 1887, 62; N. Dak. 1890, 46.

is rendered, if within ten days after completion of the investigation (Conn., N. Y., N. J., Ohio, Mich, Colo., Minn., Ind.), or three or four weeks after the application (Mass., Ill., Wis., Cal., Idaho, Mont., Utah), or (in La.) ten days.

(2) Whenever it comes to the knowledge of the State board by notice from a mayor, etc., or otherwise, that a strike or lockout is threatened or has occurred, involving such employer of twenty-five operatives, etc., they must communicate with the parties and attempt to mediate or induce arbitration, investigate and report upon the same (Mass., Conn., N. Y., N. J., Ohio, Ind., Ill., Mich., Wis., Minn., Colo., Idaho, Utah, La.).

The decision of the board is made public and recorded, and is binding upon the parties for six months, or until either party has given the other sixty days' notice (Mass., Ill., Wis., Minn., Cal., Idaho, Mont.), or until ninety days' notice (Utah).

In other States it is "final and conclusive"; but this phrase seems meaningless when the judgment can not be enforced (N. Y.).

But in some the law provides that the finding, if so stipulated beforehand, may be enforced as a judgment or statutory award (Ohio, Idaho), and in others it may be enforced by contempt process (Ind., Ill.).

SEC. 2. STATUTES FOR ARBITRATION BY PRIVATE BOARDS.-In some States the only machinery for arbitration is by a private-i. e., special or local-board of arbitrators. These are Pennsylvania, Iowa, Kansas, Maryland, Missouri, and Texas. In others, special boards are authorized by statute, by consent of the parties to the dispute, sometimes with appeal to the State board. These are Massachusetts, New York, Ohio, Wisconsin, Idaho, Minnesota, Colorado, and Montana.

Such special boards consist

(1) Of a board mutually agreed upon, or one composed of one member appointed by each party, the two to choose a third (Mass., N. Y., Ohio, Wis., Minn., Colo., Idaho, Mont.).

(2) Of five persons, two appointed by each party, the four to choose a fifth (N. J., Tex.).

(3) Of three or more persons appointed by the court of common pleas (Pa., Iowa, Kans., Md.).

The decision of such special board is final, unless within ten days an appeal is taken to the State board (N. Y., N. J.).

It has "whatever binding effect may have been agreed upon " (Wis., Minn., Colo., Idaho, Mont.).

Important specimen statutes as to both public and private boards are given in full below:

Massachusetts (1886, 263 as amended):

SEC. 1 (as amended by chapter 269, acts of 1887, and by chapter 261, acts of 1888). The governor, with the advice and consent of the council, shall, o. or before the first day of July in the year eighteen hundred and eighty-six, appoint three competent persons to serve as a state board of arbitration and conciliation in the manner hereinafter provided. One of them shall be an employer or selected from some association representing employers of labor, one of them shall be selected from some labor organization and not an employer of labor, the third shall be appointed upon the recommendation of the other two: Provided, however, That if the two appointed do not agree on the third man at the expiration of thirty days, he shall then be appointed by the governor. They shall hold office for one year or until their successors are appointed. On the first day of July in the year eighteen hundred and eighty-seven the governor, with the advice and consent of the council, shall appoint three members of said board in the manner above provided, one to serve for three years, one for two years and one for one year, or until their respective successors are appointed; and on the first day of July in each year thereafter the governor shall in

the same manner appoint one member of said board to succeed the member whose term then expires, and to serve for the term of three years or until his successor is appointed. If a vacancy occurs at any time, the governor shall in the same manner appoint some one to serve out the unexpired term; and he may in like manner remove any member of said board. Each member of said board shall, before entering upon the duties of his office, be sworn to a faithful discharge thereof. They shall at once organize by the choice of one of their number as chairman. Said board may appoint and remove a clerk of the board who shall receive such salary as may be allowed by the board, but not exceeding twelve hundred dollars a year.

SEC. 2. The board shall, as soon as possible after its organization, establish such rules of procedure as shall be approved by the governor and council.

SEC. 3 (as amended by chapter 269, acts of 1887). Whenever any controversy or difference, not involving questions which may be the subject of a suit at law or bill in equity, 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 or town in this Commonwealth, the board shall, upon application as hereinafter provided, and as soon as practicable thereafter, visit the locality of the dispute and make 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. This decision shall at once be made public, shall be recorded upon proper books of record to be kept by the secretary of said board, and a short statement thereof published in the annual report hereinafter provided for, and the said board shall cause a copy thereof to be filed with the clerk of the city or town where said business is carried on.

SEC. 4 (as amended by chapter 269, acts of 1887, and chapter 385, acts of 1890). 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 to continue on in business or at work without any lockout or strike until the decision of said board, if it shall be made within three weeks of the date of filing said application. When an application is signed by an agent claiming to represent a majority of such employees, the board shall satisfy itself that such agent is duly authorized in writing to represent such employees, but the names of the employees giving such authority shall be kept secret by said board. 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 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 to be given, notwithstanding such request. When notice has been given as aforesaid, each of the parties to the controversy, the employer on the one side, and the employees interested on the other side, may in writing nominate, and the board may appoint, one person to act in the case as expert assistant to the board. The two persons. so appointed shall be skilled in and conversant with the business or trade concerning which the dispute has arisen. It shall be their duty under the direction of the board to obtain and report to the board information concerning the wages paid and the methods and grades of work prevailing in manufacturing establishments within the Commonwealth of a character similar to that in which the matters in dispute may have arisen. Said expert assistants shall be sworn to the faithful discharge of their duty; such oath to be administered by any member of the board, and a record thereof shall be preserved with the record of the proceedings in the case. They shall be entitled to receive from the treasury of the Commonwealth such compensation as shall be allowed and certified by the board, together with all necessary traveling expenses. Nothing in this act shall be construed to prevent the board from appointing such other additional expert assistant or assistants as it may deem necessary. Should the petitioner or petitioners fail to perform the promise 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 summon as witness any operative in the departments of business affected and any person who keeps the records of wages earned in those departments, and to examine them under oath, and to require the production of books containing the record of wages paid. Summonses may be signed and oaths administered by any member of the board.

SEC. 5. Upon the receipt of such application and after such notice, the board shall proceed as before provided and render a written decision, which shall be open to public inspection, shall be recorded upon the records of the board and published at