Organization.

Mediation.

Decision

be published.

Applications

to board.

Το what.

days, then the governor shall make said appointments in accordance with the spirit and intent of this act; said appointments, if made when the senate is not in session, may be confirmed at the next ensuing session.

SEC. 3. Each member of said board shall before entering upon the duties of his office, be sworn to a faithful discharge thereof. They shall organize at once by the choice of one of their number as chairman, and one of their number as secretary. The board shall, as soon as possible after its organization, establish rules of procedure.

SEC. 4. Whenever any controversy or difference not involving questions which may be the subject of a suit or action in any court of the State, exists between an employer, whether an individual, copartnership, or corporation, and his employees, if at the time he employs not less than twenty persons in the same general line of business in any city or parish of this State, 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.

to SEC. 5. Such mediation having failed to bring about an adjustment of the said differences, the board shall immediately make out a written decision thereon. 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 court of the city or parish where said business is carried on. SEC. 6. Said application for arbitration and conciliation to said board can be made by either or both parties to the controversy; and shall be signed in the respective instances by said employer or by a majority of the employees in the department of the business in which the controversy or difference exist[s], or the duly authorized agent of either or both parties. 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 authority shall be kept secret by said board.

contain

Hearing.

Witnesses,

etc.

SEC. 7. Said application shall contain a concise statement of the grievances complained of, and a promise to continue on in business or at work in the same manner as at the time of the application without any lockout or strike until the decision of said board if it shall be made within ten days of the date of filing said application.

SEC. 8. 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 therein, but the 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. Should the petitioner or petitioners fail to perform the promise made in said application, the board shall proceed no further therein until said petitioner or petitioners have complied with every order and requirement of the board.

SEC. 9. The board shall have power to summon as witnesses any operative in the department of business affected and any person who keeps the record of wages earned in these departments, and examine them under oath and to require the production of books and papers containing the record of wages earned or paid. Summons may be signed and oaths administered by any member of the board. The board shall have the right to compel the attendance of witnesses or the production of papers.

SEC. 10. Whenever it is made to appear to the mayor of a city, Notification or the judge of any district court in any parish, other than they mayor or judge. parish of Orleans, that a strike or lockout is seriously threatened or actually occurs, the mayor of such city, or the judge of the district court of such parish, shall at once notify the State board of the fact. Whenever it shall come to the knowledge of the State board either by the notice of the mayor of a city or the judge of the district court of the parish, as provided in the preceding part of this section or otherwise, that a lockout or strike is seriously threatened, or has actually occurred, in any city or parish of this State, involving an employer and his present or past employees, if at the time he is employing, or up to the occurrence of a strike or lockout was employing not less than twenty persons in the same general line of business in any city or parish in the State, it shall be the duty of the State board to put itself in communication as soon as may be with such employer and employees.

Duty

SEC. 11. It shall be the duty of the State board in the above described cases to endeavor, by mediation or conciliation to effect an board. amicable settlement between them, and to endeavor to persuade them, provided a strike or lockout has not actually occurred or has [is] not then continuing to submit the matters in dispute to the State board of arbitration and conciliation; and the State board shall, whether the same be mutually submitted to them or not, investigate the cause or causes of such controversy and ascertain which party thereto is mainly responsible or blameworthy for the existence or continuance of the same, and shall make and publish a report finding such cause or causes, and assigning such responsibility or blame. The board shall have the same powers for the foregoing purposes as are given it by section 9 of this act.

SEC. 12. Said State board shall make a biennial report to the governor and legislature, and shall include therein such statements, facts and explanations as will disclose the actual workings of the board, and such suggestions as to legislation as may seem to the members of the board conducive to the relations of and disputes between employers and employees.

SEC. 13. The members of the State board of arbitration and conciliation hereby created shall each be paid five dollars a day for each day of actual service, and their necessary traveling and other expenses. The chairman of the board shall, quarterly certify the amount due each member, and on presentation of his certificate the auditor of the State shall draw his warrant on the treasury of the State for the amount.

This statute authorizes investigation on proper application without the consent of all parties. Boards are governed by the broad rules of law and equity, and not by technical rules of law. Objections upon grounds of irregularity must be made before the board, both parties being represented, before application to the courts to correct errors. Apprehension that the conclusion and decision of the board will be erroneous is not ground for an injunction. 17 So. Rep. 418.

Incorporation of labor organizations.

Reports.

of

Compensa

tion.

Statement.

SECTION 677. Whenever any number of persons exceeding six Who may inmay be desirous of forming themselves into a corporation or body corporate. politic for the preservation of life or property, or for any religious, scientific, literary or charitable purpose, and to acquire and enjoy the rights, privileges and powers of a body corporate and politic in law, it shall be lawful for such persons to prepare and sign an instrument, either in authentic form or under private signature, wherein they shall declare and specify the purposes and objects of such corporation; the name, style and title thereof; the place chosen for its domicile; the manner in which such managers and officers are to be chosen; the officer on whom citations may be served, and the length of time during which the corporation shall exist and continue. The act of incorporation shall be handed to the district attorney, in which its domicile is fixed, for examination as to its legality; and should he be of opinion that the purposes

act.

and objects of the corporation, as specified in said act, are legal, and that none of the provisions therein contained are contrary to Recording law, he shall endorse his opinion to that effect thereon. The act, together with the opinion of the district attorney, shall then be recorded in the office of the parish recorder, or other official performing the duties of parish recorder, which act, when so recorded, shall constitute the subscribers to the same, and their associates and successors, a body politic and corporate, for the purposes and objects declared and contained in the act, and shall have continuance and succession by the name, style and title as set forth in the act, a copy of which, duly certified by the officer in whose office the same is recorded, shall be full and complete evidence of the contents of the original act.

(Page 136. Act No. 50, Acts of 1890.)

Incorporation SECTION 1. Any trades unions, Knights of Labor assemblies or of trades lodges, Farmers' Alliances or any similar organizations as now unions, etc. established in this State or as may hereafter be established for similar purposes, may form themselves into incorporated bodies: Provided, That no less than six members or persons comply with the requirements of section six hundred and seventy-seven of the Revised Statutes, relative to the organization of corporations for literary, scientific, religious and charitable purposes, and all acts amendatory thereof, and the provisions of section 677 * * shall apply to and include all corporations organized under the provisions of this act.

Negligence causing personal injury.

Exemption of

Negligence of employees on street railways.

(Page 196. Act No. 58, Acts of 1870.)

SECTION 1. If any driver of any of the cars belonging to any of the railroads in the State of Louisiana shall, by his imprudence, negligence, or want of skill, cause any injury to any person, whether a passenger on said car or not, he shall be deemed guilty of a felony, and on conviction thereof shall suffer fine not exceeding five hundred dollars, and imprisonment not exceeding one year, at the discretion of the court.

Antitrust law-Labor organizations exempt.

(Page 205. Act No. 90, Acts of 1892.)

SECTION 8. The provisions of this act shall not

be so

labor combina- construed as to affect any combination or confederation of laborers tions. for the purpose of procuring an increase of their wages or redress of grievances.

Attempting to

etc.

Protection of employees as voters.

SECTION 902. Any planter, manager, overseer, or other employer influence votes, of laborers in this State, who shall, previous to the expiration of the term of service of any laborer in their employ, or under their control, discharge from their employ any laborer or laborers on account of their political opinions, or who shall attempt to control the suffrages or votes of such laborers by any contract or agreement whatever, entered into at any time with such laborers, shall pay a fine of not less than one hundred dollars, nor more than five hundred dollars, to be recovered before any court of competent jurisdiction, and it shall be the duty of the district attorney for the judicial district, or the district attorney pro tempore of the parish in which such offender resides, to institute such suit in the name of the parish of the offender's residence, and he shall be entitled to twenty-five per cent of the amount of all fines he may so recover as his fees in the case, and the balance shall be paid to the treasurer of the common school fund of such parish for the use of common schools in such parish, and upon due conviction for any such offense such offender shall be imprisoned not exceeding one year.

Employment of women in saloons, etc.

(Page 232. Act No. 43, Acts of 1894.)

SECTION 1. No owner, proprietor, keeper, lessee or agent, man- Women not ager or conductor of any concert hall or saloon where spirituous to be employed in Concert liquors, wines or malt are sold at retail, shall employ or suffer halls, etc. to be employed any female to distribute or appear among the audience or frequenters of such concert hall or saloon for the purpose of distributing or selling or taking orders to be filled, any such spirituous liquors, wines or malt and any person or persons violating the provisions of this act shall be deemed guilty of a misdemeanor, and, on conviction shall be imprisoned in the parish jail not less than thirty days nor more than three months and a fine of not less than fifty nor more than one hundred dollars for each and every offense.

SECTION 1. * all stores, shops, saloons, and all places of public business, which are or may be licensed under the law of the State of Louisiana, or under any parochial or municipal law or ordinance, and all plantation stores, are hereby required to be closed at twelve o'clock on Saturday nights, and to remain closed continuously for twenty-four (24) hours during which period of time it shall not be lawful for the proprietors thereof to give, trade, barter, exchange or sell any of the stock or any article of merchandise kept in any such establishment.

SEC. 2. Whoever shall violate the provisions of this act, for each offense, shall be deemed guilty of a misdemeanor, and on trial and conviction, shall pay a fine of not less than twenty-five dollars, nor more than two hundred and fifty dollars, or be imprisoned for not less than ten days nor more than thirty days, or both, at the discretion of the court; provision of this act shall not apply to news dealers, keepers of soda fountains, places of resort for recreation and health, watering places and public parks, nor prevent the sale of ice.

SEC. 3. The provisions of this act shall not apply to newspapers [sic] offices, printing offices, bookstores, drug stores, apothecary shops, undertaker shops, public and private markets, bakeries, dairies, livery stables, railroads, whether steam or horse, hotels, boarding houses, steamboats and other vessels, warehouses for receiving and forwarding freights, restaurants, telegraph offices and theaters, or any place of amusement, providing no intoxicating liquors are sold in the premises: Provided, That stores may be opened for the purpose of selling anything necessary in sickness and for burial purposes;

This law is a legitimate exercise of the police power of the State. 39 La. An. 139.

Payment of wages in orders, etc.

(Page 249. Act No. 71, Acts of 1894.)

Sunday labor forbidden.

Penalty.

Exceptions.

Tickets, etc., to be redeem

SECTION 1. It shall be unlawful for any person, corporation or firm in this State to issue tickets or checks redeemable only in able in cash. goods at their own places of business. But all such tickets shall be redeemable in United States currency and any contract or agreement to take and receive such tickets redeemable only in goods shall be null and as against public policy.

SEC. 2. Any person or officer of any corporation or firm issuing such tickets shall be guilty of a misdemeanor, punishable by fine not more than one hundred ($100) nor less than twenty-five dollars ($25), or imprisonment at not more than six (6) months and not less than one (1) month, one-half of said fine to go to the benefit of the informer.

Penalty.

Causing seamen to desert.

Harboring

seamen.

Shipping masters-Seamen.

SECTION 934. It shall be and is hereby made a penal offense of any master or keeper of a boarding house for seamen, any servant, agent or other person in his employ; any broker, shipping master or other person engaged in the business of procuring or furnishing seamen for vessels; or any person or persons whose object is to cause any person composing a part of the officers or crew of any ship, steamship, steamboat or other vessel within this State, without or against the will and consent of the master or other person in charge thereof [sic]; or for any of the above-named persons having gone on board of any ship, steamship, steamboat or any other vessel, to cause any person composing a part of the officers or crew thereof to desert from or leave the same, without the consent of the master or other person in charge thereof; or to oppose or interfere with the execution of any command or authority of the master or officer in charge of such ship, steamship, steamboat or other vessel; or to refuse to leave the same when ordered to do so by the officer in charge thereof: Any person or persons so offending shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or be imprisoned not less than one month nor more than twelve months, or both, at the discretion of the court.

SEC. 939. It shall be and is hereby made a penal offense for any person, either on shipboard or on shore, to harbor or secrete a seaman who shall have signed shipping articles to proceed on a voyage, or to inveigle or procure such seaman to desert or disregard the articles which he has signed. Any person or persons so offending shall, on conviction, be punished by fine and imprisonment, at the discretion of the judge who tries the case-the fine not to exceed three hundred dollars and the imprisonment not to exceed three months.

Employing SEC. 942. The owner, master or agent of any vessel, steamer or unlicensed other seagoing water craft, who shall employ any other person shipping master. than a licensed shipping master, as provided in this act, for the shipment of any seaman, steward, cook or other person employed on such vessel, steamer or other water craft (other than officer thereof), such owner, master or agent shall, on conviction thereof, pay, in solido, a fine of five hundred dollars, recoverable before any court of competent jurisdiction, in the name of and for the benefit of the charity hospital, with lien end [and] privilege for the payment thereof on such vessel, steamer or other seagoing water craft. Acting as SEC. 943. Any person acting as a shipping master or engaging shipping mas- the services of any seaman, steward, cook or other person emter without li- ployed on board of any seagoing vessel, without having first been duly licensed to that effect, shall, upon conviction, be sentenced to not less than three and not more than six months' imprisonment in the parish jail of the parish wherein said offense shall have been committed.

cense.

Intimidation of seamen.

Sailors re

SEC. 944. Any person or persons who may, by violence or threats or in any manner intimidate and prevent another from shipping upon any steamboat within this State, or who shall thus interfere with or prevent any person who is one of the crew of a steamboat from discharging his or her duty, or unlawfully interfere with any laborer who may be taking on board or discharging cargo from a steamboat within the State of Louisiana, shall be deemed guilty of a misdemeanor, and, upon conviction before any justice of the peace of this State or recorder of the city of New Orleans, be fined not less than twenty dollars and costs of prosecution, and imprisonment. [imprisoned] not less than twenty days in the parish jail.

(Page 254. Act No. 73, Acts of 1874.)

SECTION 1. It shall be unlawful for any captain, master or mate stricted to sail- of any seagoing vessel, or for any stevedore, to employ sailors at ors' duty. any work on the levees in the State of Louisiana not strictly belonging to and included in regular sailor's duty, as defined and