same extent that such power is possessed by the court of record or the judge thereof in this State. The board may make and enforce the rules for its government and transaction of the business before it and fix its sessions and adjournment, and shall herein examine such witnesses as may be brought before the board, and such other proof as may be given relative to the matter in dispute.

SEC. 7. When said board shall have rendered its adjudication and determination its powers shall cease, unless there may be at the time in existence other similar grievances or disputes between the same class of persons mentioned in section 1, and in such case such persons may submit their differences to said board, which shall have power to act and adjudicate and determine the same as fully as if said board was originally created for the settlement of such difference or differences.

SEC. 8. During the pendency of arbitration under this act it shall not be lawful for the employer or receiver party to such arbitration, nor his agent, to discharge the employees parties thereto, except for inefficiency, violation of law, or neglect of duty, or where reduction of force is necessary, nor for the organization representing such employees to order, nor for the employees to unite in, aid or abet strikes or boycots against such employer or receiver.

SEC. 9. Each of the said board of arbitrators shall receive three dollars per day for every day in actual service, not to exceed ten (10) days, and traveling expenses not to exceed five cents per mile actually traveled in getting to or returning from the place where the board is in session. The fees of witnesses of aforesaid board shall be fifty cents for each day's attendance and five cents per mile traveled by the nearest route to and returning from the place where attendance is required by the board. All subpœnas shall be signed by the secretary of the board and may be served by any person of full age authorized by the board to serve the same. The fees and mileage of witnesses and the per diem and traveling expenses of said arbitrators shall be taxed as costs against either or all of the parties to said arbitration, as the board of arbitrators may deem just, and shall constitute part of their award, and each of the parties to said arbitration shall, before the arbitration [arbitrators] proceed to consider the matters submitted to them, give a bond, with two or more good and sufficient sureties in an amount to be fixed by the board of arbitration, conditioned for the payment of all the expenses connected with the said arbitration.

SEC. 10. The award shall be made in triplicate. One copy shall be filed in the district clerk's office, one copy shall be given to the employer or receiver, and one copy to the employees or their duly authorized representative. The award being filed in the clerk's office of the district court, as hereinbefore provided, shall go into practical operation and judgment shall be entered thereon accordingly at the expiration of ten days from such filing, unless within such ten days either party shall file exceptions thereto for matter of law apparent on the record, in which case said award shall go into practical operation and judgment rendered accordingly when such exceptions shall have been fully disposed of by either said district court or an appeal therefrom.

SEC. 11. At the expiration of ten days from the decision of the district court upon exceptions taken to said award as aforesaid, judgment shall be entered in accordance with said decision, unless during the said ten days either party shall appeal therefrom to the court of civil appeals holding jurisdiction thereof. In such case only such portion of the record shall be transmitted to the appellate court as is necessary to the proper understanding and consideration of the questions of law presented by said exceptions and to be decided. The determination of said court of civil appeals upon said questions shall be final, and being certified by the clerk of said court of civil appeals, judgment pursuant thereto shall thereupon be entered by said district court. If exceptions to an award are finally sustained, judgment shall be entered setting aside the award; but in such case the parties may agree upon a judgment to be entered disposing of the subject-matter of the controversy, which judgment, when entered, shall have the same force and effect as judgment entered upon an award.

CHAPTER XII.

PROFIT SHARING, STATE AID, PUBLIC EMPLOYMENT BUREAUS, ETC.

ART. A. COOPERATION AND PROFIT SHARING.

SEC. 1. COOPERATIVE ASSOCIATIONS.--About a dozen States have statutes, usually of not very recent date, providing for cooperative associations in manufacturing or distributive industries' (only distributive in Ohio and Michigan). They have rarely been taken advantage of, and there seems to be little general interest in such laws at the present time. The Wyoming constitution (10, 10) declares that "the legislature shall provide by suitable legislation for their organization;' but few new statutes are being enacted.

1They are: Massachusetts (106, 9, 72, 73), Connecticut (1895-1904), New York (R. S., p. 1626), Pennsylvania (Dig., p. 389), New Jersey (Sup., p. 138), Ohio (3837), Michigan (3935, 3938, 3940), Illinois (32, 103-127), Wisconsin (1786b), Minnesota (2903– 2912), Kansas (1456-1458), Maryland (23, 14, 15), California (Civ. C., p. 53, 1895, 183), Montana (Civ. C. 870-880).

Thus in Massachusetts:

For the purpose of cooperation in carrying on any business authorized in the two preceding sections [any mechanical, mining or manufacturing business except that of distilling or manufacturing intoxicating liquors, cutting, storing and selling ice, carrying on any agricultural, horticultural or quarrying business, printing and publishing newspapers, periodicals, books or engravings] and of coöperative trade, seven or more persons may associate themselves, with a capital of not less than one thousand nor more than one hundred thousand dollars.

Every corporation organized for the purposes set forth in section nine shall distribute its profits or earnings among its workmen, purchasers, and stockholders, at such times and in such manner as shall be prescribed by its by-laws, and as often at least as once in twelve months; but no distribution shall be made until at least ten per cent of the net profits has been appropriated for a contingent or sinking fund, until there has accumulated a sum equal to thirty per cent in excess of its capital stock.

No person shall hold shares in any coöperative association to an amount exceeding one thousand dollars at their par value, nor shall any stockholder be entitled to more than one vote upon any subject.

In New York:

SECTION 1. Any number of persons, not less than three, may associate and form an incorporation or company for the purpose of uniting their labor, capital and patronage, in any business or occupation upon the co-operative plan, upon filing in the office of the secretary of state a declaration, signed by the corporators, expressing their intention to form such a company, together with a copy of the charter proposed to be adopted by them.

SECTION 2. * * * no company shall be organized under this act with a capital of less than one thousand dollars, * * *

SECTION 5. Companies organized under this act shall have the word "co-operative," as a part of their corporate or business name wherever used, either in advertising or transacting their business.

249A-- -11

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SEC. 2. PROFIT SHARING.-Besides cooperative associations, a law of Connecticut provides for the sharing of profits with employees by ordinary corporations. The authority of directors to do so would seem to require no legislation; and the practice is not uncommon. Some corporations also facilitate the purchase by their employees of their own stock; and Massachusetts has a statute authorizing "special stock," rarely availed of."

ART. B. LABOR BUREAUS.

SEC. 1. STATE LABOR BUREAUS OR COMMISSIONERS.-These have been created in nearly all States."

In most States their duties are merely to collect statistics, recommend legislation, and inquire into strikes. In Michigan, Wisconsin, Iowa, Minnesota, Nebraska, Missouri, Colorado, and Washington they are also charged with the duties of factory inspectors (see Chap. IV), or (in Ohio, Nebraska, and Montana) labor bureaus of employment (see Art. C., below), or (in Colorado) State boards of arbitration (see Chap. XI), and have usually power to examine witnesses under oath, call for papers, reports, etc., the answers furnished to remain secret, etc.

1 Connecticut (Chap. 119):

SECTION 1935. Any corporation organized after May 31, 1886, under general or special law, may, by its board of directors, distribute to the persons employed in its service, or to any of them, such portion of the profits of the business of the corporation as the board of directors may deem just and proper.

SECTION 1936. Any corporation organized on or prior to May 31, 1886, may give to its board of directors the power to distribute to the persons employed in its service, or to any of them, such portion of the profits of the business of the corporation as said board may deem just and proper: Provided, such power is given by a major vote of all the shareholders, at a meeting warned for the purpose.

Massachusetts (1886, 209):

2 Corporations-Special stock for employees.

SECTION 1. Every corporation created under the provisions of chapter one hundred and six of the public statutes, by a vote of its general stockholders at a meeting duly called for the purpose, may issue special stock to be held only by the employees of such corporation. The par value of the shares of such special stock shall be ten dollars, and the purchasers thereof may pay for the same in monthly instalments of one dollar upon each share. Such special stock shall not exceed twofifths of the actual capital of the corporation.

SECTION 2. Whenever a dividend is paid by such corporation to its stockholders, the holders of such special stock shall receive upon each share, which has beer paid for in full in time to be entitled to a dividend, a sum which shall bear such proportion to the sum paid as a dividend upon each share of the general stock of such corporation as the par value of the shares of such special stock bears to the par value of the shares of such general stock.

SECTION 3. The shares of such special stock shall not be sold or transferred except to an employee of such corporations or to the corporation itself. Any corporation issuing such special stock may provide by its by-laws as to the number of shares which may be held by any one employee, the methods of transfer and the redemption of such stock in case any person holding the same shall cease to be an employee of the corporation.

1N. H. 48, 1-6; Mass. 31, 13, 1884, 4, 1895, 290; N. Y. G. L. 32, 30-32; Me. 1887, 69; R. I. 70, 1; Conn. 2944-2949; N. J. Sup. 407; Pa. Dig., p. 1907; Ohio, 307; Ind. 7758; Ill. 17a, 1, 2; Mich. 1883, 156, 1895, 184; Wis. 46a; Iowa, 1884, 132, 1896, 86; Minn. 469; Kans. 5961-2; Nebr. Chap. 39b, 1897, 39; Va. 1898, 863; W. Va. 1889, 15; Md. Art. 89; Ky. Chap. 4; Tenn. 294–299, 1891, 157; Mo. 8215-8226; N. C. 1899, 373; Cal., Vol. IV, p. 602; Colo. 299-304; Wash. 1895, 85, 1897, 29; N. Dak. Pol. C. 123; Idaho Con. 13, 1; Mont. Pol. C. 760, 1897, 110; Utah, 1892, 46.

SEC. 2. EMPLOYMENT OFFICES (STATE).-Several States have passed statutes for public employment bureaus. The most recent, as well as the most elaborate, is that of Illinois (1899, p. 268), printed in full in the note. The other States are New York (G. L. 32, 40-43), Ohio (307-310), Montana (Pol. C., 765), Missouri (1899, p. 272).

1Illinois:

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Free public employment offices, and licensing, etc., of private employment agencies. SECTION 1. Free employment offices are hereby created as follows: One in each city of not less than fifty thousand population, and three in each city containing a population of one million or over, for the purpose of receiving applications of persons seeking employment, and applications of persons seeking to employ labor. Such offices shall be designated and known as Illinois Free Employment Offices.

SEC. 2. Within sixty days after this act shall have been in force, the State board of commissioners of labor shall recommend, and the governor, with the advice and consent of the senate, shall appoint a superintendent and assistant superintendent and a clerk for each of the offices created by section 1 of this act and who shall devote their entire time to the duties of their respective offices. The assistant superintendent or the clerk shall in each case be a woman. The tenure of such appointment shall be two years, unless sooner removed for cause. The salary of each such superintendent shall be $1,200 per annum, the salary of such assistant superintendent shall be $900 per annum. The salary of such clerks shall be $800 per annum, which sums, together with proper amounts for defraying the necessary costs of equipping and maintaining the respective offices, shall be paid out of any funds in the State treasury not otherwise appropriated.

SEC. 3. The superintendent of each such free employment office shall, within sixty days after appointment, open an office in such locality as shall have been agreed upon between such superintendent and the secretary of the bureau of labor statistics as being most appropriate for the purpose intended; such office to be provided with a sufficient number of rooms or apartments to enable him to provide, and he shall so provide, a separate room or apartment for the use of women registering for situations or help. Upon the outside of each such office, in position and manner to secure the fullest public attention, shall be placed a sign which shall read in the English language Illinois Free Employment Office, and the same shall appear either upon the outside windows or upon signs in such other languages as the location of each such office shall render advisable. The superintendent of each such free employment office shall receive and record in books kept for that purpose names of all persons applying for employment or help, designating opposite the name and address of each applicant the character of employment or help desired. Separate registers for applicants for employment shall be kept, showing the age, sex, nativity, trade or occupation of each applicant, the cause and duration of unemployment, whether married or single, the number of dependent children, together with such other facts as may be required by the bureau of labor statistics to be used by said bureau: Provided, That no such special register shall be open to public inspection at any time, and that such statistical and sociological data as the bureau of labor may require shall be held in confidence by said bureau, and so published as not to reveal the identity of anyone: And provided, further, That any applicant who shall decline to furnish answers to the questions contained in special register shall not thereby forfeit any rights to any employment the office might secure.

SEC. 4. Each such superintendent shall report on Thursday of each week to the State bureau of labor statistics the number of applications for positions and for help received during the preceding week, also those unfilled applications remaining on the books at the beginning of the week. Such lists shall not contain the names or addresses of any applicant, but shall show the number of situations desired and the number of persons wanted at each specified trade or occupation. It shall also show the number and character of the positions secured during the preceding week. Upon receipt of these lists and not later than Saturday of each week, the secretary of the said bureau of labor statistics shall cause to be printed a sheet showing separately and in combination the lists received from all such free employment offices; and he shall cause a sufficient number of such sheets to be printed to enable him to mail, and he shall so mail on Saturday of each week, two of said sheets to each superintendent of a free employment office, one to be filed by said superintendent, and one to be conspicuously posted in each such office. A copy of such sheet shall also be mailed on each Saturday by the secretary of the State bureau of labor statistics to each State inspector of factories and each State inspector of mines. And it is hereby

SEC. 3. INTELLIGENCE OFFICES AND EMPLOYMENT AGENCIES.-So far as there is a legal distinction between the meaning of these two terms, it would appear that the former was limited to domestic service,

made the duty of said factory inspectors and coal mine inspectors to do all they reasonably can to assist in securing situations for such applicants for work, and describe the character of work and cause of the scarcity of workmen, and to secure for the free employment offices the cooperation of the employers of labor in factories and mines. It shall be the duty of such factory inspectors and coal mine inspectors to immediately notify the superintendent of free employment offices of any and all vacancies, or opportunities for employment that shall come to their notice.

SEC. 5. It shall be the duty of each such superintendent of a free employment office to immediately put himself in communication with the principal manufacturers, merchants and other employers of labor, and to use all diligence in securing the cooperation of the said employers of labor, with the purposes and objects of said employment offices. To this end it shall be competent for such superintendents to advertise in the columns of daily newspapers for such situations as he has applicants to fill, and he may advertise in a general way for the cooperation of large contractors and employers in such trade journals or special publications as reach such employers, whether such trade or special journals are published within the State of Illinois or not: Provided, That not more than four hundred dollars, or as much thereof as shall be necessary, shall be expended by the superintendent of any one such office for advertising any one year.

SEC. 6. It shall be the duty of each such superintendent to make report to the State bureau of labor statistics annually, not later than December first of each year concerning the work of his office for the year ending October first of same year, together with a statement of the expenses of the same, including the charges of an interpreter when necessary, and such reports shall be published by the said bureau of labor statistics annually with its coal report. Each such superintendent shall also perform such other duties in the collection of statistics of labor as the secretary of the bureau of labor statistics may require.

SEC. 7. No fee or compensation shall be charged or received, directly or indirectly, from persons applying for employment or help through said free employment offices; and any superintendent, assistant superintendent or clerk, who shall accept, directly or indirectly, any fee or compensation from any applicant, or from his or her representative, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than twenty-five nor more than fifty dollars and imprisoned in the county jail not more than thirty days.

SEC. 8. In no case shall the superintendent of any free employment office created by this act, furnish, or cause to be furnished, workmen or other employees to any applicant for help whose employees are at that time on strike, or locked out; nor shall any list of names and addresses of applicants for employment be shown to any employee [employer] whose employers [employees] are on strike or lockout; nor shall such list be exposed where it can be copied or used by an employer whose employees are on strike or locked out.

SEC. 9. The term "applicant for employment" as used in this act shall be construed to mean any person seeking work of any lawful character, and "applicant for help" shall mean any person or persons seeking help in any legitimate enterprise; and nothing in this act shall be construed to limit the meaning of the term work to manual occupation, but it shall include professional service, and any and all other legitimate services.

SEC. 10. No person, firm or corporation in the cities designated in section 1 of this act shall open, operate or maintain a private employment agency for hire, or where a fee is charged to either applicants for employment or for help, without first having obtained a license from the secretary of state, which license shall be two hundred dollars per annum, and who shall be required to give a bond to the people of the State of Illinois in the penal sum of one thousand dollars for the faithful performance of the duties of private employment agent, and no such private agent shall print, publish or paint on any sign, window or newspaper publication, a name similar to that of the Illinois free employment offices. And any person, firm or corporation violating the provisions of this act, or any part thereof, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than fifty nor more than one hundred dollars.

SEC. 11. Whenever, in the opinion of the board of commissioners of labor, the superintendent of any free employment office is not duly diligent or energetic in the performance of his duties, they may summon such superintendent to appear before