TITLE 36.

LABOR.

CHAPTER 1.

BOARD OF LABOR.

1324. Appointment of members. Term. Oath. The governor, by and with the consent of the senate, shall appoint three persons, not more than two of whom shall belong to the same political party, who shall constitute the state board of labor, conciliation, and arbitration. One of the members shall be

an employer of labor, one an employee, who shall be selected from some labor organization, and the third, who shall be the chairman, shall be a person who is neither an employer of manual labor nor an employee. Each member of said board as now constituted shall serve for the period of his appointment, and at the expiration of his term his successor shall be appointed for the term of four years. If a vacancy occurs at any time, the governor shall, in the same manner appoint some one to serve the unexpired term. Each member of the board shall, before entering upon the duties of his office, take the oath of office required by law. ['96, pp. 174-5.

Authority for creation of board, Con. art. 16, sec. 2.

1325. Secretary. Rules. The board shall select from its members a secretary, and shall establish suitable rules of procedure. ['96, p. 175.

1326. Board to inquire as to labor controversies. When any controversy or difference, not involving questions which may be the subject of an action at law or suit in equity, exists in this state between an employer, whether an individual, copartnership, or corporation, employing not less than ten persons. and his employees, the board shall, upon application as herein provided, and as soon as practicable thereafter, visit the locality of the dispute, and make a 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 the dispute, and make a written decision thereof [96, p. 175.

1327. To make decision public. This decision shall at once be made public and be recorded in a proper book of record to be kept by the secretary of said board; and a short statement thereof shall be published in the annual report hereinafter provided for. ['96, p. 175.

1328. Application for hearing. The application shall be signed by the employer, or by a majority of his employees in the department of the business in which the controversy or difference exists, or by both parties, and shall contain a concise statement of the grievances complained of and a promise to continue on in business or at work without any lockout or strike until the rendition of a decision by said board, if said decision shall be rendered within three weeks of the date of filing the said application. ['96, pp. 175–6.

1329. Notice of hearing. As soon as may be after receiving said application, the secretary of the board shall cause public notice to be given of the time and place for the hearing thereon; but 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, notwithstanding such request. ['96, p. 176.

1330. Witnesses. The board shall have the power to summon as witnesses by subpoena any operative or expert in the department of business affected, and any person who keeps the records of wages earned in these departments, or any other person, to administer oaths, to examine witnesses, and to require the production of books, papers, and records. ['96, p. 176.

1331. Decision. Upon the receipt of such application and after such notice, the board shall proceed as before provided and render a written decision, and the findings of the majority shall constitute the decision of the board, which decision shall be open to public inspection, shall be recorded upon the records of the board, and published in an annual report to be made to the governor before the first day of January of each year. ['96, p. 176.

1332. Id. How long binding. Said decision shall be binding upon the parties who join in said application, or who have entered their appearance before said board, until either party has given the other notice in writing of his or their intention not to be bound by the same, and for a period of ninety days thereafter. Said notice may be given to said employees by posting in three conspicuous places where they work. ['96. pp. 176–7.

1333. Mediation where strike threatened. Whenever it shall come to the knowledge of the state board that a strike or lockout is seriously threatened in the state, involving any employer and his employees, if the employer is employing not less than ten persons, it shall be the duty of the state board to put itself into communication, as soon as may be, with such employer and employees, and to endeavor by mediation to effect an amicable settlement between them, and endeavor to persuade them to submit the matters in dispute to the state board. ['96, p. 177.

1334. Compensation of members. The members of the board shall each receive a per diem of three dollars for each day's service while actually engaged in the hearing of any controversy between any employer and his employees, and five cents per mile for each mile necessarily traveled in going to and returning from the place where engaged in hearing such controversy, the same to be paid by the parties to the controversy, appearing before said board, and the members of said board shall receive no compensation or expenses for any other service performed under this chapter. ['96, p. 177.

Member shall accept fees in full compensation, Con. art. 21, secs. 1, 2.

1335. Sheriff to serve process. Any notice or process issued by said board shall be served by any sheriff to whom the same may be directed, or in whose hands the same may be placed for service, without charge. ['96, p. 177.

CHAPTER 2.

EIGHT HOUR LAW.

1336. On public works. Eight hours shall constitute a day's work on all works or undertakings carried on or aided by the state, county, or municipal governments. ['94, p. 8.

Prescribed, Con. art. 16, sec. 6.

1337. In mines and smelters. The period of employment of working men in all underground mines or workings, and in smelters and all other institutions for the reduction or refining of ores or metals, shall be eight hours per day, except in cases of emergency where life or property is in imminent danger. Any person, body corporate, agent, manager, or employer who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor. ['96, p. 219. Holden, 14 U. 96; 16 P. 1105. Ex parte Holden, 14 State v. U. 71; 46 P. 756.

Authorized by Con. art. 16, sec. 6.
This law held to be constitutional.

CHAPTER 3.

EMPLOYMENT OF FEMALES AND CHILDREN.

1338. In mines and smelters forbidden. It shall be unlawful for any person, firm, or corporation to employ any child under fourteen years of age, or any female, to work in any mine or smelter in the state of Utah. Any person, firm, or corporation who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor. ['96, p. 106.

Authorized by Con. art. 16, sec. 3.

1339. Proprietor to provide seats for female help. The proprietor. manager, or person having charge of any store, shop, hotel, restaurant, or other place where women or girls are employed as clerks or help therein, shall provide chairs, stools, or other contrivances where such clerks or help may rest when not employed in the discharge of their respective duties. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor. pp. 24-5.

['97,

CHAPTER 4.

BLACKLISTING.

1340. Forbidden. No company, corporation, nor individual shall blacklist, or publish, or cause to be published or blacklisted, any employee, mechanic. or laborer, discharged or voluntarily leaving the service of such company, corporation, or individual, with intent and for the purpose of preventing such employee, mechanic, or laborer from engaging in or securing similar or other employment from any other corporation, company, or individual. ['96, pp. 80–1.

Exchange of blacklists forbidden, Con. art. 12, sec. 19; art. 16, sec. 4.

1341. Penalty. If any person or any officer or agent of any company, corporation, or individual, shall blacklist, or publish, or cause to be published, any employee, mechanic, or laborer, discharged by such corporation, company, or individual, with the intent and for the purpose of preventing such employee. mechanic, or laborer from engaging in or securing similar or other employment from any other corporation, company, or individual, or shall in any manner conspire or contrive, by correspondence, or otherwise, to prevent such discharged employee from securing employment, he shall be deemed guilty of a felony and. upon conviction, shall be fined not less than five hundred dollars, nor more than one thousand dollars, and be imprisoned in the state prison not less than sixty days nor more than one year. ['96, p. 81.

CHAPTER 5.

FELLOW SERVANTS DEFINED.

1342. Who are vice-principals. All persons engaged in the service of any person, firm, or corporation, foreign or domestic, doing business in this state. who are intrusted by such person, firm, or corporation as employer with the authority of superintendence, control, or command of other persons in the employ or service of such employer, or with the authority to direct any other employee

in the performance of any duties of such employee, are vice-principals of such employer and are not fellow servants.

The fact that an employee was aware that his fellow servant was careless but never complained thereof, and continued to expose himself to accident through such carelessness, precludes recovery by such employee. McCharles v. Horn Silver M. & S. Co., 10 U. 470: 37 P. 733. Where the negligence of the employer and of a fellow servant combined to produce an injury to a servant, the employer will be liable. Wright v. Sou. Pac. Co., — U. —; 46 P. 374.

['96, p. 99.

repairer is not a fellow servant with an engineer. Webb v. R. G. W. Ry. Co., 7 U. 363; 26 P. 981. A yardman is neither a fellow servant with the foreman of his own crew nor with the foreman of another crew working in the same yard at the same time. Armstrong v. O. S. L. Ry. Co., 8 U. 420; 32 P. 693. A railroad foreman having full charge of loading cars in a gravel pit is not a fellow servant of such laborers. Andreson v. Ogden Ry. and Depot Co., 8 U. 128; 30 P. 305.

The foreman of a mine having entire charge of the underground workings is not the fellow servant of a miner working under his direction. Cunningham v. U. P. Ry. Co., 4 U. 206; 7 P. 795. Trihay v. Brooklyn Mining Co., 4 U. 468; 11 P. 612. A superintendent of a mine who has general charge of the work, is not a fellow servant with a common laborer, whose duty it is to obey the orders of the superintendent. Reddon v. U. P. Ry. Co., 5 U.

344; 15 P. 262.

The conductor of a railway train is not a fellow servant with a brakeman upon the train. Openshaw v. U. & N. Ry. Co., 6 Ú. 132. A brakeman is not a fellow servant of a car inspector. Daniels v. U. P. Ry. Co., 6 U. 357; 23 P. 762. An engineer is not a fellow servant with a brakeman. Brown v. Sou. Pac. Ry. Co., 7 U. 288; 26 P. 579. A switchman signaling to an engine is not a fellow servant with the men repairing the car. Pool v. Sou. Pac. Co., 7 . 303. But see same case, 160 U. S. 438. A car 1343. Who are fellow servants. All persons who are engaged in the service of such employer, and who, while so engaged, are in the same grade of service and are working together at the same time and place and to a common purpose, neither of such persons being intrusted by such employer with any superintendence or control over his fellow employees, are fellow servants with each other: provided, that nothing herein contained shall be so construed as to make the employees of such employer fellow servants with other employees engaged in any other department of service of such employer. Employees who do not come within the provisions of this section shall not be considered fellow servants. ['96, pp. 99-100.

CHAPTER 6.

WAGES, A PREFERRED DEBT.

1344. When business is suspended. When the property of any company, corporation, firm, or person shall be seized upon by any process of any court of this state, or when their business shall be suspended by the action of creditors, or be put into the hands of a receiver, assignee, or trustee, the debts owing to employees, laborers, or servants, for work or labor performed within one year next preceding the seizure or transfer of such property, shall be considered and treated as preferred debts, and such laborers, servants, 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. ['96, p. 136.

Lien of mechanics, etc., 1372. Wages preferred in assignments, 85.

The claims of the operatives of a street railroad for work performed sixty days next preceding the appointment of a receiver are entitled to priority over a trust deed on the company's property, since such work is done for the benefit of the mortgagees. Litzenberger v. Jarvis-Conklin Trust Co., U. 15: 28 P. 871. Chapter 30, laws of 1892, declaring that debts due for services performed by

laborers within six months before the seizure of the debtor's property on process, or the suspension of his business by the action of creditors, or before his property shall be put in the hands of a receiver or trustee, shall be treated as preferred, does not affect the rights of the existing grantees, mortgagees, or lien holders. Salt Lake Litho. Co. v. Ibex M. and S. Co., U. -; 49 P. 768. Id.. U. -: 49 P. 832.

1345. Claim. Notice to persons interested. Any such employee, laborer, or servant desiring to enforce his claim for wages under this chapter shall present a statement, under oath, showing the amount due after allowing all just credits and set-offs, the kind of work for which such wages are due, and when performed, to the officer, person, or court charged with such property,

within ten days after the seizure thereof on any writ of attachment, or within thirty days after the same may have been placed in the hands of any receiver, assignee, or trustee; any person with whom any such claim shall have been filed, shall give immediate notice thereof by mail to all persons interested; and it shall be the duty of the person or the court receiving such statement to pay the amount of such claim or claims to the person or persons entitled thereto, after first paying all costs occasioned by the seizure of such property, out of the proceeds of the sale of the property seized, if the claim be not contested as provided in the next succeeding section. ['96, pp. 136–7.

1346. Contest of claim. Costs. Any person interested may contest such claim or claims, or any part thereof, by filing exceptions thereto, supported by affidavit, with the officer having the custody of such property, within ten days after the notice of presentment of said statement and thereupon the claimant shall be required to reduce his claim to judgment before some court having jurisdiction thereof, before any part thereof shall be paid, and the party contesting shall be made a party defendant in any such action and shall have the right to contest such claim, and the prevailing party shall recover proper costs. ['96, p. 137.

CHAPTER 7.

ATTORNEYS' FEES IN SUITS FOR WAGES.

1347. When allowed. Amount. Whenever a mechanic, artisan, miner, laborer, servant, or employee shall have cause to bring suit for wages earned and due according to the terms of his employment, and shall establish by the decision of the court or verdict of the jury that the amount for which he has brought suit is justly due, and that a demand had been made in writing, at least fifteen days before suit was brought, for a sum not to exceed the amount so found due, then it shall be the duty of the court before which the case shall be tried, to allow to the plaintiff a reasonable attorney's fee in addition to the amount found due for wages, to be taxed as costs of suit. In a justice's court such attorney's fee shall not be more than five dollars, and in the district court, not more than ten dollars, except in cases on appeal from a justice's court to the district court, when the plaintiff may recover an attorney's fee, not exceeding twenty-five dollars. ['96, p. 128. Attorneys' fees generally, 135.

TITLE 37.

LIBEL.

1348. Libel published in good faith. Retraction. Damages. If it shall appear on the trial of any action brought for the publication of any alleged libel in any newspaper published in this state, that the said alleged libel was published in good faith, that the publication thereof was due to mistake or misapprehension of the facts, and that a full and fair retraction of any statement therein alleged to be erroneous was published in the next regular issue of such newspaper, or in case of daily papers, within three days after such mistake or misapprehension was brought to the notice of such publisher or publishers at the