Award.

Recording

papers.

ber of the board summarily and without extended argument. The sittings shall be open and public or with closed doors, as the board shall direct. 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 sittings and make a record of the proceedings in shorthand, but shall transcribe so much thereof only as the commission shall direct.

SEC. 70501. 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 circuit court of the county 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 also be preserved in the office of the commission at Indianapolis. SEC. 7050j. The clerk of the circuit court shall record the papers delivered to him as directed in the last preceding section, in the order book of the circuit court. Any person who was a party to the arbitration proceedings may present to the circuit 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 ment of orders. 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 and contumacious 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.

Enforce

Rules, etc.

SEC. 7050k. The labor commission, with the advice and assistance of the attorney-general of the State, which he is hereby required to render, shall make rules and regulations respecting proceedings in arbitrations under this act not inconsistent with this act or the law, including forms, and cause the same to be printed and furnished to all persons applying therefor, and all arbitration proceedings under this act shall thereafter conform to such rules and regulations.

Adjustment SEC. 70501. Any employer and his employees, between whom difof differences. ferences 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 hereinbefore provided a board of arbitrators shall be organized in the manner hereinbefore 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 found in the preceding sections of this act.

Precedence SEC. 7050m. In all cases arising under this act requiring the atof proceedings. tendance of a judge of the circuit court as a member of an arbitration board, such duty shall have precedence over any other business pending in his court, and if necessary for the prompt transaction of such other business it shall be his duty to appoint some other circuit judge, or judge of a superior or the appellate or supreme court to sit in the circuit 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 in civil actions. In case the judge of the circuit court, whose duty it shall become under this act to sit upon any board of arbitration, shall be at the time actually engaged in a trial which can not be interrupted without loss and injury to the parties, and which will in his opinion continue for more than three days to come, or is disabled from acting by sickness or otherwise, it shall be the duty of such judge to call in and appoint some other circuit judge, or some Special judge. judge of a superior court, or the appellate or supreme court, to sit upon such board of arbitrators, and such appointed judge shall have the same power and perform the same duties as member of the board of arbitration as are by this act vested in and charged upon the circuit judge regularly sitting, and he shall receive the same compensation now provided by law to a judge sitting by appointment upon a change of judge in civil cases, to be paid in the same way.

cation.

SEC. 7050n. If the parties to any such labor controversy as is Investigation without applidefined in section 4 [7050d] of this act shall have failed at the end of five days after the first communication of said labor commission with them to adjust their differences amicably, or to agree to submit the same to arbitration, it shall be the duty of the labor commission to proceed at once to investigate the facts attending the disagreement. In this investigation the commission shall be entitled, upon request, to the presence and assistance of the attorney-general of the State, in person or by deputy, whose duty it is hereby made to attend without delay, upon request by letter or telegram from the commission. For the purpose of such investigation the commission shall have power to issue subpoenas, and each of the commissioners shall have power to administer oaths and affirmations. Such subpoena shall be under the seal of the commission and signed by the secretary of the commission, or a member of it, and shall command the attendance of the person or persons named in it at a time and place named, which subpoena may be served and returned as other process by any sheriff or constable in the State. In case of disobedience of any such subpœna, or the refusal of any witness to testify, the circuit court of the county within which the subpoena was issued, or the judge thereof in vacation, shall, upon the application of the labor commission, grant a rule against the disobeying person or persons, or the person refusing to testify, to show cause forthwith why he or they should not obey such subpoena, or testify as required by the commission, or be adjudged guilty of contempt, and in such proceedings such court, or the judge thereof in vacation, shall be empowered to compel obedience to such subpoena as in the case of subpœna issued under the order and by authority of the court, or to compel a witness to testify as witnesses in court are compelled to testify. But no person shall be required to attend as a witness at any place outside the county of his residence. Witnesses called by the labor commission under this section shall be paid $1 per diem fees out of the expense fund provided by this act, if such payment is claimed at the time of their examination.

SEC. 70500. Upon the completion of the investigation authorized by the last preceding section, the labor commission shall forthwith report the facts thereby disclosed affecting the merits of the controversy in succinct and condensed form to the governor, who, unless he shall perceive good reason to the contrary, shall at once authorize such report to be given out for publication. And as soon thereafter as practicable, such report shall be printed under the direction of the commission and a copy shall be supplied to anyone requesting the same.

SEC. 7050p. Any employer shall be entitled, in his response to the inquiries made of him by the commission in the investigation provided for in the two last preceding sections, to submit in writing to the commission, a statement of any facts material to the inquiry, the publication of which would be likely to be injurious to his business, and the facts so stated shall be taken and held as confidential, and shall not be disclosed in the report or otherwise.

Report.

Confidential statements.

SEC. 7050q. Said commissioners shall receive a compensation of eighteen hundred dollars each per annum, and actual and necessary traveling expenses while absent from home in the performance of duty, and each of the two members of a board of arbitration chosen by the parties under the provisions of this act shall receive five dollars per day compensation for the days occupied in service upon the board. The attorney-general, or his deputy, shall receive his necessary and actual traveling expenses while absent from home in the service of the commission. Such compensation and expenses shall be paid by the treasurer of State upon warrants drawn by the auditor upon itemized and verified accounts of time spent and expenses paid. All such accounts, except those of the commissioners, shall be certified as correct by the commissioners, or one of them, and the accounts of the commissioners shall be certified by the secretary of the commission.

Wages preferred—In assignments, execution, etc.

Wages to be SECTION 7051. Hereafter, when the property of any company, paid first. corporation, firm or person, engaged in any manufacturing, mechanical, agricultural or other business or employment, or in the construction of any work or building, shall be seized upon any mesne or final process of any court of this State, or where their business shall be suspended by the action of creditors or put into the hands of any assignee, receiver or trustee, then in all such cases the debts owing to laborers or employees, which have accrued by reason of their labor or employment to an amount not exceeding fifty dollars to each employee, for work and labor performed within six months next preceding the seizure of such property, shall be considered and treated as preferred debts, and such laborers or employees shall be preferred creditors and shall be first paid in full, and if there be not sufficient to pay them in full, then the same shall be paid to them pro rata, after paying costs.

Eight hours a day's work.

Application of law.

Penalty.

This act is constitutional. 60 N. E. Rep. 342.

A laborer's claim is superior to a prior mortgage. 44 N. E. Rep. 576. Property conveyed by an insolvent firm to its creditors is taken subject to the liens of laborers as provided by this section. 112 Ind. 390.

The statute applies to all classes of laborers, and does not prefer one class over another. 135 Ind. 481.

A superintendent in charge of workmen is a laborer within the meaning of this section. 124 Ind. 159.

Hours of labor.

SECTION 7052. Eight hours shall constitute a legal day's work for all classes of mechanics, workingmen and laborers, excepting those engaged in agricultural or domestic labor, but overwork for an extra compensation by agreement between employer and employee is hereby permitted.

This act applies only to laborers employed by the day, and is not applicable where the circumstances under which the employment is taken imply that more than eight hours' labor will be expected in a day. 5 Ind. App. 172.

SEC. 7053. This act shall apply to all persons, firms, corporations, companies or associations employing labor in this State, and to all mechanics, workingmen and laborers now, or hereafter employed by this State or any municipal corporation herein, through its agents, or officers, or in the employ of persons contracting with the State, or any municipal corporations thereof for performance of labor on the public works of this State, or such corporation.

SEC. 7054. Any person, firm, company, corporation or association doing business in this State, or any officer or agent of this State or municipal corporation thereof, who shall violate or otherwise evade the provisions of this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum

not greater than five hundred dollars, and if the person or persons violating the same be an officer or agent of this State, or of any municipal corporation thereof, he shall, in addition to such fine, be removed from his position.

SEC. 7055. Any party or parties contracting with this State, or any municipal corporation thereof, who shall fail to comply with, or secretly evade, the provisions hereof, by exacting and receiving more hours of labor than is herein fixed, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not greater than five hundred dollars, and in addition thereto, in the option of the State or municipal corporation, forfeit such contract.

Payment of wages.

Secret eva

sion.

SECTION 7058. All debts due any person for manual or me- Wages to be chanical labor shall be a preferred claim in all cases against any paid first in assignments, etc. individual, copartnership, corporation or joint stock company where the property thereof shall pass into the hands of an assignee or receiver, and such assignee or receiver in the distribution and payment of the debts shall be required to first pay in full all debts due for manual or mechanical labor before paying any other, except the legitimate costs and expenses.

Contractors who erect buildings and furnish materials are not laborers within the meaning of this section. 18 Ind. App. 458.

Nor do general managers of manufacturing works come within its provisions. 153 Ind. 315.

But superintendents in charge of works are regarded as laborers. 124 Ind. 159.

Railroad companies are included within the act. 4 Ind. App. 66.

SEC. 7059b. It shall be unlawful for any employer to assess a fine on any pretext against any employee and retain the same or any part thereof from the wages of said employee at the time of payment fixed in this act, or at any other time, and a change in the current rate of wages paid is prohibited without a written notice given to each employee so affected twenty-four hours before such change shall take place.

Fines.

Assigning

SEC. 7059c. The assignment of future wages, to become due to employees from persons, companies, corporations or associations future wages. affected by this act, is hereby prohibited, nor shall any agreement be valid that relieves said persons, companies, corporations or associations from the obligation to pay weekly, the full amount due, or to become due, to any employee in accordance with the provisions of this act: Provided, That nothing in this act shall be construed to prevent employers advancing money to their employees.

This is a constitutional provision. 65 N. E. Rep. 521.

SEC. 7059d. Any person, company, corporation or association, found guilty by a court of competent jurisdiction of having violated the third and fourth sections of this act [secs. 7059b and 7059c] shall be deemed guilty of having committed a misdemeanor, and shall be fined by such court in any sum not exceeding two hundred dollars.

Penalty.

Enforce

Issue

SEC. 7059e. It is hereby made the duty of the chief inspector and of the department of inspection to enforce the provisions of ment. this act by the processes of the courts, and in the name of the State; and, upon their failure so to do, any citizen of the State is hereby authorized to do the same in the name of the State. SEC. 7060. Any person, copartnership, corporation or association, or any member, agent or employee thereof, who shall publish, checks, etc. issue or circulate any check, card or other paper which is not commercial paper payable at a fixed time in any bank in this State, at its full face value in lawful money of the United States, with eight per cent interest or by bank check or currency issued by authority of the United States government, to any employee of such person, copartnership, corporation or association, in payment for any work or labor, done by such employee or in payment for any labor contracted to be done by such employee shall be guilty

of

Sale goous, etc.

Failure

Day.

Penalty,

of

to

of a misdemeanor, and upon conviction thereof, shall be fined in any sum not more than one hundred dollars.

Scrip issued in violation of this section gives neither the laborer who accepts nor a third party who purchases such scrip any right of action. 51 N. E. Rep. 427.

SEC. 7061. It shall be unlawful for any corporation, company, association, firm or person, described in section 1 [7059] of this act, or the officers and agents of such to sell either directly or indirectly to any employee of such corporation, company, association, firm or person any merchandise or supplies at a higher price than such merchandise or supplies are sold by such corporation, company, association, firm or person to others for cash.

SEC. 7062. Every corporation, company, association, firm or person who shall fail, after demand of payment has been made, to pay employees for their labor, in conformity with the provisions of this act, shall be liable to such employee for the full value of his labor, to which shall be added a penalty of one dollar for each succeeding day, not exceeding double the amount of wages due, and a reasonable attorney's fee to be recovered in a civil action and collectible without relief from valuation and appraisement laws.

SEC. 7063. Every corporation, company, association, firm or person who violate[s] any of the provisions of section three (3) of this act [sec. 7061] shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than five nor more than one hundred dollars.

SEC. 7064. This act shall not in any way affect the liens of laborers as now secured to them by the laws of this State.

SEC. 7065. Every corporation, association, company, firm or person engaged, in this State, in mining coal, ore or other mineral, or quarrying stone, or in manufacturing iron, steel, lumber, staves, heading[,] barrels, brick, tile[,] machinery, agricultural or mechanical implements, or any article of merchandise, shall pay each employee of such corporation, company, association, firm or person, if demanded, at least once every two weeks, the amount due such employee for labor, and such payment shall be in lawful money of the United States, and any contract to the contrary shall be void.

The legislature has authority to regulate the payment of wages to employees. 121 Ind. 366.

SEC. 7066. Any person, copartnership, corporation or association, or any member, agent or employee thereof, who shall publish, issue or circulate any check, card or other paper, which is not commercial paper payable at a fixed time in any bank in this State, at its full face value, in lawful money of the United States, with eight per cent interest, or by bank check or currency issued by authority of the United States Government, to any employee of such person, copartnership, corporation or association, in payment for any work or labor done by such employee, or in payment for any labor contracted to be done by such employee, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not more than one hundred dollars.

SEC. 7067. It shall be unlawful for any corporation, company, association, firm or person described in section one (1) of this act [sec. 7065], or the officers and agents of such, to sell, directly or indirectly, to any employee of such corporation, association, firm or person, any merchandise or supplies at a higher price than such merchandise or supplies are sold by such corporation, company, association, firm or person to others for cash.

SEC. 7068. Every corporation, company, association, firm or person who shall fail for ten days after demand of payment has been made to pay employees for their labor, in conformity with the provisions of this act, shall be liable to such employee for the full value of his labor, to which shall be added a penalty of one dollar for each succeeding day, not exceeding double the amount of