the interests of both capital and labor. The board shall perform

duties, and receive compensation as prescribed by law.

SEC. 3. The legislature shall prohibit:

Certain em

(1) The employment of women, or of children under the age of ployments, etc., fourteen years, in underground mines.

(2) The contracting of convict labor.

(3) The labor of convicts outside prison grounds, except on public works under the direct control of the State.

(4) The political and commercial control of employees. SEC. 4. The exchange of black lists by railroad companies, or other corporations, associations or persons is prohibited.

SEC. 5. The right of action to recover damages for injuries resulting in death, shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation.

prohibited.

Exchange of black lists. Injuries causing death.

Hours of la

bor.

SEC. 6. Eight hours shall constitute a day's work on all works or undertakings carried on or aided by the State, county or municipal governments; and the legislature shall pass laws to pro- Inspection of vide for the health and safety of employees in factories, smelters factories, etc. and mines.

SEC. 7. The legislature, by appropriate legislation, shall provide for the enforcement of the provisions of this article.

COMPILED LAWS-1907.

Wages preferred-In assignments.

Enforcement.

SECTION 85. In all assignments for the benefit of creditors, debts Wages to be due for wages or personal services of servants or employees of paid first. the assignor for services or labor rendered or performed within one year previous to the assignment are preferred claims, and must be paid before any other creditor of the assignor, and shall be paid in full in all cases where there is sufficient property therefor: otherwise they alone shall be paid pro rata.

Examination and licensing of barbers.

Certificates

SECTION 138x. It shall be unlawful for any person to follow the occupation of a barber or a barber's apprentice, or to conduct a required. barber shop, barber school or barber college in this State, unless he shall have first obtained a certificate of registration as provided in this title. A person so engaged less than six months shall be considered an apprentice, and at the expiration of six months of such employment shall be subject to the provisions of this title as hereinafter provided. No person practicing the occupation of a barber in any barber school or college in this State shall serve a diseases. person afflicted with erysipelas, eczema, impetigo, sycosis, tuberculosis, or any other contagious or infectious disease. Any person so afflicted is hereby prohibited from being barbered in any barber shop, barber school or college in this State. Any violation of this section will be considered a misdemeanor as provided for in this title.

Infectious

Board of ex

SEC. 138x1. A board of examiners, to consist of three persons, is hereby created to carry out the purposes and enforce the provi- aminers. sions of this title. The governor shall appoint, on or before the 1st day of May, 1903, one barber to serve one year, one qualified physician to serve two years, and one barber to serve three years, who, with their respective successors, to be appointed annually thereafter, and to serve for the term of three years, shall constitute a board of examiners of barbers, two of whom shall be practical barbers who have been actually engaged in the business of barbering for at least five years.

SEC. 138x2. Each member of said board shall give a bond in Bonds. the sum of $500, with sureties, to be approved by the secretary of state, conditioned for the faithful performance of his duties, and shall take the oath provided by law for public officers. Vacancies in said board shall be filled by the governor for the unexpired portion of the term.

Organization.

Rules, etc.

Inspection.

Compensa

tion.

Reports.

tions.

SEC. 138x3. Said board shall elect a president, secretary, and treasurer, shall have its headquarters at such place in the State as the board may determine, and shall have a common seal. A majority of said board may, in meeting duly assembled, perform the duties and exercise the powers devolving upon said board under the provisions of this title.

SEC. 138x4. Such board shall have power to adopt reasonable rules and regulations prescribing the sanitary requirements of a barber shop, barber school or college, subject to the approval of the State board of health, and to cause the rules and regulations so approved to be printed in a suitable form, and to transmit a copy thereof to the proprietor of each barber shop, barber school or college in this State.

It shall be the duty of every proprietor or person operating a barber shop, barber school or college in this State to keep posted in a conspicuous place in his shop, school or college, so as to be easily read by his customers, a copy of such rules and regulations. A failure of any such proprietor or manager to keep such rules so posted, or to observe the requirements thereof, shall be sufficient grounds for the revocation of his license, but no license shall be revoked without a reasonable opportunity being offered to such proprietor or manager to be heard in his defense. Any member of said board shall have power to enter and make examination of any barber shop, barber school or college in this State during business hours for the purpose of ascertaining the sanitary condition thereof. Any barber shop, barber school or college in this State in which tools, appliances and furnishings in use therein are kept in an unclean or unsanitary condition so as to endanger health, is hereby declared to be a public nuisance, and the proprietor thereof shall be subject to prosecution and punishment therefor. Each member of said board shall have power to administer oaths, and the board may, at its discretion, appoint deputies who shall exercise the powers herein granted to said board, said deputies to serve without pay.

SEC. 138x5. Each member of said board shall receive a compensation of $4 per day for actual service, and ten cents for each mile actually traveled in attending the duties of the board, which compensation shall be paid out of any moneys in the hands of the treasurer of said board, after an allowance thereof by the board upon an itemized and verified claim thereof being filed with the secretary by the member claiming the same, but in no event shall any part of the expense of the board or any member thereof be paid out of the State treasury.

SEC. 138x6. Said board shall report annually to the governor a full statement of the receipts and disbursements of the board during the preceding year, a full statement of its doings and proceedings, and such recommendations as it may deem proper, looking to the better carrying out of the intents and purposes of this title. Examina SEC. 138x7. Said board shall hold each year, at such times and places as it shall designate, at least four public examinations, notice whereof shall be given by a publication at least ten days before the holding of any such meeting, in at least one newspaper printed and published in the city of Salt Lake, and in at least one newspaper printed and published in the county in which said meeting shall be held. Said board is authorized to incur all necessary expenses for the proper discharge of their duties and pay the same out of any moneys in the hands of the treasurer of the board.

Practicing

barbers.

SEC. 138x8. Every person now engaged in the occupation of a barber in this State shall, within ninety days after March 25, 1907, file with the secretary of said board an affidavit setting forth his name, residence, and the length of time during which, and the place where he has practiced such occupation, and shall pay to the treasurer of said board $1, and a certificate of registration entitling him to practice said occupation thereupon shall be issued to him.

Fee.

SEC. 138x9. Any person other than those mentioned in section Applicants. 138x8 desiring to obtain a certificate of registration under this title shall make application to said board therefor, and shall pay to the treasurer of said board an examination fee of $5.00, and shall present himself at the next regular meeting of the board for the examination of applicants, whereupon said board shall proceed Examination. to examine said person, and being satisfied that he is above the age of sixteen years, of good moral character, free from contagious or infectious diseases; that he had either studied the occupation for six months as an apprentice under a qualified practicing barber, or that he has studied the occupation in a barber school or college as defined by this title, for six months, or has practiced the occupation for at least six months and is possessed of a requisite skill in said occupation to properly perform all the duties thereof, including his ability in the preparation of tools, shaving, hair cutting, and a thorough knowledge of the sanitary requirements of a barber shop, barber school or college, and all the duties and services incident thereto, his name shall then be entered by the board in the register hereinafter provided for, and a certificate of registration shall be issued to him authorizing him to practice said occupation in this State: Provided, That whenever it appears that the applicant has insufficient knowledge of the sanitary requirements of a barber shop, school, or college to prevent the spread of disease, the board may withhold from him a qualified barber certificate if it shall appear that he is not qualified to practice the said occupation.

SEC. 138x10. A barber school or college is hereby declared to be Schools. a school or college conducted by suitable persons who are authorized to practice the occupation of a barber in this. State, and in which all instruction is given by competent persons so authorized and in which the course and period of training shall comply with the rules and regulations of said board specifically adopted for the government of barber schools or colleges.

SEC. 138x11. Nothing in this title shall prohibit any person Apprentices. from serving as an apprentice in said occupation under a barber authorized to practice the same under this title, nor from serving

as a student in any school for the teaching of such occupation under the instruction of a qualified barber.

SEC. 138x12. Every apprentice, in order to avail himself of the Same subject. provisions of this title, must file with the secretary of the board

a statement in writing showing the name and place of business of his employer, the date of commencement of employment with him, and the full name and age of said apprentice, and shall pay to the treasurer of said board a fee of $1.

SEC. 138x13. Said board shall furnish to each person to whom Card. a certificate of registration is issued and to each registered apprentice a card or insignia bearing the seal of the board and the signature of its president and secretary, certifying that the holder thereof is entitled to practice the occupation of a barber's apprentice in this State, and it shall be the duty of the holder of such card or insignia to post the same in a conspicuous place in front of his working chair, where it may readily be seen by all persons whom he may serve. Said card or insignia shall be renewed on or before the 1st day of July of each year, and the holder of said certificate of registration or apprentice card shall pay to the secretary of said board the sum of one dollar for such renewal card or insignia. Upon the failure of any holder of a certificate of registration or apprentice card to apply for a renewal of his card or insignia on or before the 1st day of July in each year, his said certificate or apprentice card may be revoked by said board, subject to the provisions of section 138x15.

SEC. 138x14. Said board shall keep a register, in which shall Register. be entered the names of all persons to whom certificates are issued under this title, and said register shall be at all times open to public inspection.

Revocation of

SEC. 138x15. Said board shall have power to revoke any certificate of registration granted by it under this title, for (a) con- certificates.

Violations.

viction of crime; (b) habitual drunkenness; (c) gross incompetency; (d) the keeping of a shop or the tools, appliances or furnishings thereof in an unclean and unsanitary condition; (e) failure to comply with the requirements of section 138x13: Provided, That before any certificate shall be revoked the holder thereof shall have notice in writing of the charge or charges against him, and shall have a reasonable opportunity to be heard in his defense. Any person whose certificate has been revoked may, after the expiration of ninety days, apply to have same regranted, and the same shall be regranted to him upon a satisfaetory showing that the disqualification has ceased.

SEC. 138x16. Any person practicing the occupation of barber without having obtained a certificate of registration, as provided by this title, or employing a barber who has not such a certificate, or falsely pretending to be qualified to practice such occupation under this title, or for violating any of the provisions of this title, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $100, or by imprisonment in the county jail for not less than ten days nor more than ninety days.

Protection of employees as voters.

Attempting to SECTION 898. It shall be unlawful for any employer, Influence vote. either corporation, association, company, firm, or person in paying its, their, or his employees the salary or wages due them, to inclose their pay in "pay envelopes" on which there is [are] written or printed any political mottoes, devices, or arguments, containing threats, express or implied, intended or calculated to influence the political opinion, views, or action of such employees. Nor shall it be lawful for any employer, either corporation, association, company, firm, or person, within ninety days of any election provided by law, to put up or otherwise exhibit in its, their, or his factory, workshop, mine, mill, boarding house, office, or other establishment or place where its, their, or his employees may be working or be present in the course of such employment, any handbill, notice, or placard, containing any threat, notice, or information, that in case any particular ticket or candidate shall or shall not be elected, work in its, their, or his establishment shall cease in whole or in part, or its, their, or his establishment be closed, or the wages of its, their, or his workmen be reduced; or other threats, expressed or implied, intended or calculated to influence the political opinions or actions of its, their, or his employees. Any person or persons, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and any person, whether acting in his individual capacity or as an officer or agent of any corporation, so guilty of such misdemeanor shall be punished as hereinafter prescribed. SEC. 899. It shall be unlawful for any corporation or any officer or agent of any corporation to influence or attempt to influence, by force, violence, or restraint, or by inflicting or threatening to inflict any injury, damage, harm, or loss, or by discharging from employment or promoting in employment, or by intimidation, or otherwise in any manner whatever to induce or compel any employee to vote or refrain from voting at any election provided by law, or to vote or refrain from voting for any particular person Forfeiture of or persons, measure or measures, at any such election. Any such corporation, or any officer or agent of such corporation, violating any of the provisions of this section shall be deemed guilty of a misdemeanor and be subject to the penalty hereinafter provided, and in addition thereto, any corporation violating this section shall forfeit its charter and right to do business in this State.

Same subject.

charter.

Two hours al- SEC. 910. Any person entitled to a vote at a general election held lowed for vot- within this State shall, on the day of such election, be entitled to ing. absent himself from any employment in which he is then engaged or employed for a period of two hours between the time of opening

and the time of closing the polls, and any such absence shall not be sufficient reason for the discharge of any such person from such service or employment, and such voter shall not, because of so absenting himself, be liable to any penalty, nor shall any deduction be made on account of such absence, from his usual salary or wages except when such employee is employed and paid by the hour: Provided, That application shall be made for such leave of Proviso. absence prior to the day of election. The employer may specify the hours during which such employee may absent himself as aforesaid. Any person or corporation who shall refuse to his or its employees the privilege hereby conferred, or who shall subject an employee to a penalty or reduction of wages because of the exercise of such privilege, or who shall, directly or indirectly violate the provisions of this title shall be deemed guilty of a misdemeanor.

Appointment

Board of labor, conciliation, and arbitration. SECTION 1324. * The governor, by and with the consent of the senate, shall appoint three persons, not more than two of of board. 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.

SEC. 1325. The board shall select from its members a secretary and shall establish suitable rules of procedure.

Secretary.

SEC. 1326. 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 settlement. Said board shall also request each of the parties to forward to its secretary an application for arbitration.

Applications

SEC. 1327. As soon as practicable after receiving such applications, the board shall request each of the parties to the dispute to for arbitration. 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 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.

SEC. 1328. As soon as practicable after receiving said applications, Duty of board. 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.