sponsible for the making of any such contract, agreement or combination or arrangement, or shall be a party to any such contract, combination or arrangement, or that shall take any part therein, as set out in section 1 of this act [sec. 3312m], shall, upon conviction thereof in any court of competent jurisdiction, be punished by a fine of not less than fifty dollars nor more than two thousand dollars, to which may be added imprisonment in the county jail for any period not exceeding one year.

SEC. 33120. Each and every person, firm or association of persons who shall in any manner violate the provisions of this act shall, for each and every day that such violation shall be committed and continued after due notice given by the party interested [to the] attorney-general or prosecuting attorney, forfeit and pay the sum of fifty dollars, which may be recovered in the name of the State on the relation of the party injured or on the relation of the prosecuting attorney in any county where the offense is committed or where the offender or offenders reside. And it shall be the duty of the prosecuting attorney of any county to prosecute any such action, and he shall be entitled to a fee of twenty-five dollars to be taxed against the defendant, in the event of recovery, as a part of the costs of said action. Any such action may be taken in any circuit or superior court of the county in which the defendant resides or in which he is engaged in business.

SEC. 3312p. Any person who shall by any such contract or combination as set out in section 1 of this act [sec. 3312m], be injured or damaged in his business thereby, or by reason of anything forbidden or declared by this act to be unlawful, may maintain a suit therefor in any court having jurisdiction thereof in the county where the defendant resides or in which he is engaged in business, or in any county where service may be obtained, without respect to the amount in controversy, and the plaintiff in any such action shall be entitled to recover all his costs and a reasonable attorney's fee therein.

SEC. 3312q. Whenever it shall appear to the court before which any proceedings under this act may be pending, that the ends of justice require that other parties shall be brought before the court, said court may cause them to be made parties defendant and cause them to be served by the process of court as now required by law in such cases provided, whether they reside in the county where said action is pending or not.

Incorporation of women's exchanges.

SECTION 4583. Any number of persons, not less than three (3), may voluntarily associate themselves by written articles of association, signed and acknowledged by each person who may be a member at the time of organization, specifying:

First. The corporate name of such association, which shall not be the same or similar to the name of any other association incorporated in this State.

Second. The amount of the capital stock of the same, if such association is organized for pecuniary profit, and the number of shares (if any) into which the same shall be divided, with the amount of each share, which shall not exceed one hundred dollars ($100).

Third. The object of the association, with the proposed plan of doing business fully set out.

Fourth. The names and places of residence of each incorporating member.

Fifth. The principal place of business of such association. Sirth. The term of existence of such association, which, if or ganized for pecuniary profit, shall not exceed fifty (50) years. Seventh. A description of the corporate seal; and

Eighth. The manner of election or appointment of all directors and officers who are to manage the business and prudential concerns of any such association.

Purposes.

Women's ex

changes.

Injuries

Ninth. The number of trustees, directors or managers who shall manage the affairs of the association, together with the names of those who shall manage such affairs for the first year.

SEC. 4584. Such association may be formed for one only of the following purposes:

SEC. 4595g. To establish women's exchanges in order to promote cooperation among them, to give laboring women employment, and secure sale of the products of their labor and such articles as their necessities compel them to sell, and the associations named * * [in this section] shall have the power to purchase and hold real estate and convey the same and receive donations, devises and bequests of real and personal property for the use and benefit of such association.

Liability of railroad companies for injuries to employees.

SECTION 5173c. For any violation of or failure to comply with caused by neg- any of the provisions of this act [requiring switch lights] such ligence. [steam railroad] company shall be liable to all persons and employees injured by reason thereof, and no employee shall in any case be held to have assumed the risk incurred by reason of such violation or failure.

Platforms to be inclosed.

Penalty.

Four

hours

Protection of employees on street railways—Inclosed platforms.

SECTION 5479. Every electric street car, other than trail cars which are attached to motor cars, shall, during the months of November, December, January, February and March of each year, be provided, at the forward end thereof, with a screen constructed of glass or other materials, which shall fully and completely protect the driver, or motorman, or gripman, or other person stationed on such forward end and driving, guiding or directing the motive power by which such cars are propelled, from wind and storm.

SEC. 5479a. Any corporation, company, officer, agent, or any person violating the provisions of this act, shall, upon conviction, be fined in any sum not less than twenty-five dollars, nor more than one hundred dollars for each day each such car belonging to, used, or controlled by any such corporation, company, officer, agent, or other person is permitted to remain unprovided with the screen required in section one of this act [sec. 5479]; and it is hereby made the duty of the prosecuting attorney of each county where such cars are, or may be used, to institute the necessary proceedings to enforce the provisions of this act.

Time to vote to be allowed employees.

SECTION 6240. No person entitled to vote at any general, national, to be allowed State or county election, shall be employed upon the day on which for voting. such election shall be held in any manufacturing, mining, mechanical or mercantile establishment, or any railroad corporation in this State during the period of four hours after the opening of any election in the county in which such person is entitled to vote, except as to works of necessity, in which works of necessity every employee shall be given some period of four hours between the opening and closing of the polls on said day; and any circuit court may enforce the provisions of this section in term time or in vacation by mandate, or otherwise, upon the application of any voter: Provided, however, That in any such establishment or corporation the employer or employees may agree on any four hours between the opening and closing of the polls that will be most convenient. Every officer of any corporation, owner, superintendent, overseer or foreman who employs or permits to be employed any person in violation of this section shall be guilty of a misdemeanor, and fined not less than fifty nor more than five hundred dollars.

Regulation and inspection of bakeries, etc.

SECTION 6725a. Every building, room[,] basement or cellar occupied or used as a bakery or confectionery, canning, packing, pickling, or preserving establishment, or for the manufacture (for sale) of any food product shall be properly heated, lighted, drained, plumbed and ventilated and conducted with a strict regard to the health of the operatives and the purity and wholesomeness of the food articles produced.

Sanitation.

SEC. 6725b. The floors, side walls, ceilings, fixtures, furniture Construction, etc.. of workand utensils of every establishment or place where food products rooms. are manufactured or stored, shall at all times be kept in a clean, healthful and sanitary condition.

The side walls and ceilings of every bake room or confectionery shall be well plastered, wainscoted or ceiled with metal or lumber. Plastered walls and ceilings shall be oil painted or kept well lime washed and all interior woodwork in every bakery or confectionery shall be kept well oiled or painted with oil paint and kept washed clean with soap and water. And every building, room, basement, or cellar occupied or used for the manufacture of any food products shall have, if deemed necessary by the chief inspector an impermeable floor made of cement or tile laid in cement.

SEC. 6725c. The chief inspector or deputy inspector of the department of inspection or any health officer shall have the ful power at all times to enter and inspect every building, room, basement, or cellar occupied or used as aforesaid, and if such inspection shall disclose a noncompliance with the purpose and provisions of this act the chief inspector shall require the execution of such lawful sanitary measures or alterations in or about such premises as will conform to the requirements of this act, and secure the production of the food products thereof in a clean and wholesome condition.

Inspection.

SEC. 6725d. Flour and meal shall be stored in dry and well ven- Basements, tilated rooms only, and no basement or cellar not now occupied or etc. used as a bakery or confectionery shall hereafter be used as such except that the requirements of section 1 of this chapter [sec. 6725a] shall have been first fully complied with.

Sleeping

SEC. 6725e. The sleeping place or places for the persons employed in a bake shop shall be separate and apart from the bake places for room; and no person shall be allowed to sleep in a bake room or workmen. place where flour or meal or the products thereof are stored.

sons.

SEC. 6725f. No employer shall knowingly require, permit or Employment suffer any person to work in a bakery or confectionery who is of diseased peraffected with consumption of the lungs, or with scrofula, or with any venereal disease or with any communicable skin disease. Cuspidors shall be provided by the owner or operator for each workroom of every bakery or confectionery, and no employee or other person shall expectorate on the floor or side walls of any bakery or confectionery or place where the manufacture of any food product is conducted.

Plain notices shall be posted in every place where food products of any kind are produced forbidding all persons expectorating on the floors of such establishment.

SEC. 6725g. The door and window openings of every food producing establishment during fly season shall be fitted with selfclosing wire screen doors and top outward-tipping wire window

screens.

SEC. 6725h. Every bakery and confectionery shall be provided with wash room and water-closet or closets but separate and apart from the bake room or rooms where the manufacture of any food product is conducted.

SEC. 67251. Any person who violates any of the provisions of this act or refuses to comply with any lawful requirements, of the chief inspector, duly made in writing shall be guilty of a

43967-08-25

Screens.

Wash rooms,

etc.

Penalty.

misdemeanor and on conviction shall be punished for the first offense by a fine not less than ten dollars ($10) or more than fifty dollars ($50), for the second offense by a fine of not less than fifty dollars ($50) or more than one hundred dollars ($100), and third offense not less than two hundred dollars ($200) or by imprisonment for not more than sixty days or both fine and imprisonment.

Act to be A copy of this act shall be conspicuously posted in each workposted. room of every establishment effected [affected] by the provisions of this act.

Hourly wages fixed.

Commission

created.

Appointment, qualifications, etc.

Seal, etc.

Mediation.

Arbitration.

Rates of wages on public roads.

SECTION 6871. * ** * The compensation for day labor herein, shall be 15 cents per hour; a team, with driver, wagon or other implement shall receive as compensation, not to exceed 25 cents per hour.

* * *

Labor commission-Arbitration of labor disputes.

SECTION 7050a. There shall be, and is hereby created a commission to be composed of two electors of the State, which shall be designated the labor commission, and which shall be charged with the duties and vested with the powers hereinafter enumerated.

SEC. 7050b. The members of said commission shall be appointed by the governor, by and with the advice and consent of the senate, and shall hold office for four years and until their successors shall have been appointed and qualified. One of said commissioners shall have been for not less than ten years of his life an employee 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 labor interest, as distinguished from the capitalist or employing interest. The other of said commissioners shall have been for not less than ten 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 40 years of age; they shall not be members of the same political party, and neither of them shall hold any other State, county, or city office in Indiana during the term for which he shall have been appointed. Each of said commissioners shall take and subscribe an oath, to be indorsed upon his commission, to the effect that he will punctually, honestly and faithfully discharge his duties as such commissioner.

SEC. 7050c. Said commission shall have a seal and shall be provided with an office at Indianapolis, and may appoint a secretary who shall be a skillful stenographer and typewriter, and shall receive a salary of six hundred dollars per annum and traveling expenses for every day spent in the discharge of duty away from Indianapolis.

SEC. 7050d. It shall be the duty of said commissioners upon receiving creditable [credible] information in any manner of the existence of any strike, lockout, boycott, or other labor complication in this State, to go to the place where such complication exists, put themselves into communication with the parties to the controversy and offer their services as mediators between them. 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 act or otherwise, as they may elect.

SEC. 7050e. For the purpose of arbitration under this act, the labor commissioners and the judge of the circuit court of the county 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 may 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 employees of the company engaged in the running of trains, any terminal, within this State, of the road, or of 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 circuit court to act as a member of the board of arbitration. SEC. 7050f. An agreement to enter into arbitration under this aet shall be in writing, and shall state the issue to be submitted and decided, and shall have the effect of an agreement by the parties to abide by and perform the award. Such 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 all 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, but any employee concerned in any such controversy shall be accorded a hearing before such board. 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 committecmen 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.

Agreement.

Commission

SEC. 7050g. If upon any occasion calling for the presence and intervention of the labor commissioners under the provisions of er pro tempore. this act, one of said commissioners shall be present and the other absent, the judge of the circuit court of the county in which the dispute shall have arisen, as defined in section 5 [sec. 7050e], 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 act 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 act for the other commissioners. Such commissioner pro tem. shall represeat and be affiliated with the same interests as the absent commissioner.

SEC. 7050h. Before entering upon their duties the arbitrators Proceedings. shall take and subscribe an oath or affirmation to the effect that they will honestly and impartially perform their duties as arbitrators and a just and fair award render to the best of their ability. The sittings of the arbitrators shall be in the court room of the circuit court, or such other place as shall be provided by the county commissioners of the county in which the hearing is had. The circuit judge shall be the presiding member of the board. He shall have power to issue subpoenas 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 witnesses, enforce order, and direct and control the examinations. The proceedings shall be informal in character, but in general accordance with the practice governing the circuit courts in the trial of civil causes. All questions of practice, or questions relating to the admission of evidence shall be decided by the presiding mem