Decision bind

ing.

Strike coming to knowledge of board.

SEC. 6a (added by chapter 136, Acts of 1903). Said decision shall be binding upon the parties who join in said application for one year. SEC. 7. Whenever a strike or lockout shall occur or seriously threaten in any part of the State, and shall come to the knowledge of the members of the board, or any one thereof by a written notice from either of the parties to such threatened strike or lockout, or from the mayor or clerk of the city or town, or from the justice of the peace of the district where such strike or lockout is threatened, it shall be their duty, and they are hereby directed, to proceed as soon as practicable to the locality of such strike or lockout and put themselves in communication with the parties to the controversy and endeavor by mediation to effect an amicable settlement of such controversy, and, if in their judgment it is deemed best, to inquire into the cause or causes of the controversy: and to that end the board is hereby authorized to subpoena witnesses, compel their attendance, and send for persons and papers Witnesses. in like manner and with the same powers as it is authorized by section 3 of this act.

Enforcement

SEC. 7a (added by chapter 136, Acts of 1903). In the event of a failure to abide by the decision of said board in any case in which both of decision. employer and employees shall have joined in the application, any person or persons aggrieved thereby may file with the clerk of the district court or the county court of the county in which the offending party resides, or in the case of an employer, in the county in which the place of employment is located, a duly authenticated copy of such decision, accompanied by a verified petition reciting the fact that such decision has not been complied with, and stating by whom, and in what respect it has been disregarded.

Thereupon the district court, or the county court (as the case may be), or the judge thereof, if in vacation, shall grant a rule against the party or parties so charged to show cause within ten days why such decision has not been complied with, which shall be served by the sheriff as other process. Upon return made to the rule, the court or the judge thereof, if in vacation, shall hear and determine the questions presented, and to secure a compliance with such decision, may punish the offending party or parties for contempt, but such punishment shall not extend to imprisonment, except in cases of willful and contumacious disobedience.

nesses.

arbitration.

SEC. 8. The fees of witnesses before said board of arbitration shall Fees of witbe two dollars ($2.00) for each day's attendance, and five (5) cents per mile over the nearest traveled routes in going to and returning from the place where attendance is required by the board. All subpoenas shall be signed by the secretary of the board and may be served by any person of legal age authorized by the board to serve the same. SEC. 9. The parties to any controversy or difference as described in Local boards of section 5 of this act may submit the matters in dispute in writing to a local board of arbitration and conciliation; said board may either be mutually agreed upon or the employer may designate one of such arbitrators, the employees or their duly authorized agent another, and the two arbitrators so designated may choose a third who shall be chairman of such local board; such board shall in respect to the matters referred to it have and exercise all the powers which the State board might have and exercise, and its decision shall have such binding effect as may be agreed upon by the parties to the controversy in the written submission. The jurisdiction of such local board shall be exclusive in respect to the matter submitted to it, but it may ask and receive the advice and assistance of the State board. Such local board shall render its decision in writing, within ten days after the close of any hearing held by it, and shall file a copy thereof with the secretary of the State board. Each of such local arbitrators shall be entitled to receive from the treasurer of the city, village or town in which the controversy or difference that is the subject of arbitration exists, if such payment is approved by the mayor of such city, the board of trustees of such village, or the town board of such town, the sum of three dollars for each day of actual service not exceeding ten days for any one arbitration: Provided, That when such hearing is held at some point having no organized town or city government, in such case the costs of such hearing shall be paid jointly by the parties to the con

troversy: Provided further, That in the event of any local board of arbitration or a majority thereof failing to agree within ten (10) days after any case being placed in their hands, the State board shall be called upon to take charge of said case as provided by this act.

SEC. 10. Said State board shall report to the governor annually, on or before the fifteenth day of November in each year, the work of the board, which shall include a concise statement of all cases coming before the board for adjustment.

SEC. 11. The secretary of state shall be authorized and instructed to have printed for circulation one thousand (1,000) copies of the report of the secretary of the board, provided the volume shall not exceed four hundred (400) pages.

SEC. 12. Two members of the board of arbitration shall each receive the sum of five hundred dollars ($500) annually, and shall be allowed all money actually and necessarily expended for traveling and other necessary expenses while in the performance of the duties of their office. The member herein designated to be the secretary of the board shall receive a salary of twelve hundred dollars ($1,200) per annum. The salaries of the members shall be paid in monthly instalments by the State treasurer upon warrants issued by the auditor of the State. The other expenses of the board shall be paid in like manner upon approved vouchers signed by the chairman of the board of arbitration and the secretary thereof.

SEC. 13. The terms of office of the members of the board shall be as follows: That of the members who are to be selected from the ranks of labor organizations and from the active employers of labor shall be for two years, and thereafter every two years the governor shall appoint one from each class for the period of two years. The third member of the board shall be appointed as herein provided every two years. The governor shall have power to remove any members of said board for cause and fill any vacancy occasioned thereby.

CHAPTER 37.-Weighing coal at mines-Check weighmen.

SECTION 1. Hereafter in all coal mines in this State, operated by individuals or corporations, whether as owners or lessees and working twenty or more miners under ground, there may be employed a check weighman, who shall be selected by the miners employed in said mine and whose wages shall be paid by the miners therein employed.

SEC. 2. The duties of such check weighman shall be to see that all coal, mined in the coal mine at which he is employed, is accurately weighed and for that purpose every such aforesaid owner or lessee shall give to such weighman, free access to all scales and weights used for that purpose and to all books wherein the weights of coal mined by the miners of said mines are recorded.

SEC. 3. Any mine owner, operator, manager, superintendent or lessee operating any coal mine in this State who shall refuse to allow any such check weighman to be so employed or shall refuse such check weighman access to such aforesaid scales, weights or books shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in the sum of not less than $25 nor more than $500.

CHAPTER 50.-Protection of employees as members of labor organizations, etc. Restraining SECTION 1. It shall be unlawful for any individual, company or coremployees from poration or any member of any firm, or agent, officer or employee of membership in union. any company or corporation, to prevent employees from forming, joining or belonging to any lawful labor organization, union, society or political party, or to coerce or attempt to coerce employees by discharging or threatening to discharge them from their employ or the employ of any firm, company or corporation, because of their connection with such lawful labor organization, union, society or political party.

Penalty.

SEC. 2. Any person or any member of any firm, or agent, officer or employee of any such company or corporation, violating the provisions of section one of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one

hundred dollars nor more than five hundred dollars or imprisoned for a period not less than six months nor more than one year, or both, in the discretion of the court.

CHAPTER 54.-Examination and licensing of horseshoers.

Horseshoers to

certain cities.

SECTION 1. No person shall practice horseshoeing as a master or journeyman horseshoer in any city of this State having a population be registered in of 70,000 inhabitants or more, unless he is duly registered as hereinafter provided in a book kept for that purpose in the office of the county clerk of the county in which he practices.

Apprentices may follow the occupation of horseshoeing while learning the trade.

re

out examination.

SEC. 2. No person shall be entitled to register as master or journey- Certificate man horseshoer without presenting a certificate of satisfactory exam- quired. ination before the board of examiners as provided for in section 4. SEC. 3. Any person who has been practicing as a master or journey- Registry withman horseshoer in the State for the period of not less than four years preceding the passage of this act may register within three months after the passage of this act, upon making and filing with the county clerk of the county in which he practices an affidavit stating that he has been practicing horseshoeing for the period herein before prescribed, and upon complying with this section shall be exempt from the provisions of this act requiring an examination. Any person who wishes to practice as a master or journeyman can apply to the board of examiners, and upon passing a satisfactory examination shall receive a certificate to practice as such.

SEC. 4. A board of examiners, consisting of one veterinarian and two Board of exmaster horseshoers and two journeymen horseshoers, is hereby created, aminers. all of whom shall be residents of the State of Colorado, whose duty it shall be to carry out the provisions of this act. The members of said board shall be appointed by the governor, and the term of office shall be for two years, or until their successors shall be duly appointed and qualified. The board of examiners shall hold sessions for the purpose of examining applicants desiring to practice horseshoeing as master or journeyman horseshoers as often as shall be necessary, and shall grant a certificate to any person showing himself qualified to practice, and shall receive as compensation a fee of two dollars from each person examined. Three members of said board, including the veterinary surgeon and at least one master horseshoer, shall constitute a quorum. The board shall adopt a set of rules governing examination of applicants. The board of examiners shall regulate as to the time apprentices shall serve in learning the trade, which shall not be more than three years at any time, and an apprentice may make application to the board of examiners, and if he passes a satisfactory examination they shall grant him a certificate to practice as a master or journeyman. The board of examiners shall submit to the governor a biennial report as to receipts and expenditures, and the business transacted by them. They shall also submit to him the rules for examination for his approval.

SEC. 5. The veterinary surgeon appointed on said board shall be a Qualifications. practicing graduate, having a diploma from some reputable veterinary institute, who has been a resident of Colorado three years prior to his appointment. The master horseshoers appointed on said board shall have had ten years' practice as horseshoers, and in business giving employment to horseshoers prior to and at the time of appointment, having had a bona fide residence of five years in the State of Colorado. The journeymen horseshoers shall have had ten years' practical experience in horseshoeing, with a residence of five years in Colorado prior to appointment. Each member of the board shall give a bond of $500 to the State for the faithful performance of his duties as member of the board.

SEC. 6. The county clerk of each county containing any such city Register. shall provide a book to be known as the "Master and Journeyman Horseshoer's Register," in which shall be recorded the names of the registrants, who shall then be entitled to continue the practice of horseshoeing. Every applicant who shall have complied with the provisions of sections 2 and 3, shall be admitted to registration, and

Violations.

Penalty.

Blocking

shall pay the clerk of said county the sum of twenty-five cents, which shall be received as full compensation for such registration.

SEC. 7. Any person who shall present to the clerk for the purpose of registration any certificate which has been fraudulently obtained, or shall practice as a master or journeyman horseshoer without conforming to the requirments [requirements] of this act, or shall otherwise violate or neglect to comply with any of the provisions of this act, shall be guilty of a misdemeanor, and shall be subject to a fine of not less than five dollars nor more than fifty dollars, or imprisonment in the county jail for a period of not less than one day and not exceeding thirty days for each and every violation hereof; each day being considered a separate offense.

CHAPTER 69.-Safety appliances on railroads—Blocking switch rails.

SECTION 1. From and after the passage of this act, it shall be the duty switch rails, etc. of all corporations, companies and persons using, maintaining, operating or controlling any railroad, or railroad track, to safely and securely block between the switch rails going into each of the head chairs for a distance of six feet from each and every head block; and to safely and securely block between the rails from the point where the iron filling which extends from the point of each frog ends for a distance of four feet from the end of said filling; and to safely and securely block between each and every guard rail and the main or other adjacent rail for the entire distance of the curve, or curves, in all guard rails at both ends of each and every guard rail; and to safely and securely block between each and every wing rail of all frogs and the heel of each and every frog; and to safely and securely block between the rails in each and every wedge of all frogs; and to safely and securely block for a distance of five feet from the end of each and every split rail between such split rail and the adjacent rail of all split switches. SEC. 2. In all trials in all courts in this State, to recover for personal injury, and in all cases of personal injury to employees, or other persons, occasioned by, or in any manner directly or indirectly resulting from being caught between any of the aforesaid rails, testimony relative to compliance with the requirements of this act shall be admitted. And where a failure is shown on the part of any such corporation, company or person to have safely and securely blocked such rails in accordance with the provisions of this act, such failure to have complied with any of the provisions of this act shall be prima facia [facie] evidence of the negligence of any such corporation, company or other person so failing to comply with any of the provisions of this act where any such employee, or other person, may be caught between such rails not blocked in accordance with the provisions of this act.

Liabilities for injuries caused by violation.

Officers of

tain money due contractors.

ACTS OF 1899.

CHAPTER 124.-Protection of wages of laborers, etc., on public works.

SECTION 1. Hereafter it shall be the duty of councils of cities, trustowns, etc., to re- tees of incorporated towns, boards of commissioners of counties, and boards of directors of school districts within the limits of municipal corporations, which have contracted for the construction of public works, to with hold [withhold] payment of moneys due the contractor for the construction of such public works, to satisfy the claims of laborers, subcontractors and others performing labor or furnishing materials upon or for such public works, in the manner hereinafter prescribed.

Statement to be submitted.

SEC. 2. Before any payment shall be made to the contractor as may be provided for in the contract for the construction of such public works, the contractor shall present to the council of cities, trustees of towns, boards of commissioners of counties and directors of school districts, a statement in writing showing the amounts owing by him for labor performed or materials furnished, and the names of the persons to whom such sums are due, and in case such contractor shall have sublet a part of such works, the statement shall show the sum owing the subcontractor, and shall be accompanied by a statement from the

subcontractor showing names of persons performing labor or furnishing materials at the instance of such subcontractor, and amounts due such persons respectively; such statement shall be verified under oath by the contractor or subcontractor that the same correctly states the sums owing for labor and materials, with names of persons to whom such sums are owing.

It shall be the duty of clerks of cities and towns, and of boards of Notice. county commissioners and the secretary of school districts, to cause to be published in some newspaper of general circulation in the county, a notice in substance, that at a designated meeting of the council, trustees, board of commissioners or directors of school districts as the case may be, to be held not less than 10 days from the date of the first publication of such notice, payment will be made the contractor and that claimants to whom sums are owing for labor or materials, may file with the clerk of cities, towns and board of commissioners or secretary of school districts, on or before the day of such meeting.

SEC. 3. Any person, to whom a contractor or subcontractor may be Filing claims. indebted, may file with the clerk of such city, town, or boards of county commissioners or secretary of the school district, his claim, or before time designated in notice, duly verified upon oath as correct, in which shall be stated the amount claimed as owing, the name of the contractor or subcontractor by whom he was employed, or at whose instance he furnished material. If such claims tally with statement of contractor or subcontractor as to amount due, name of claimant, the amount claimed shall be paid directly to claimant, and shall be deducted out of sum to be paid contractor or subcontractor, as case may be: Provided, Where the amounts due contractor or subcontractor are insufficient to pay the claims filed, the sum to be paid contractor or subcontractor shall be pro rated among the respective claimants against such fund in proportion to amount of claims. In case claim filed shall not be admitted, or tally with statements filed by contractor or subcontractor as aforesaid, such claimant shall within 30 days bring suit in some court of competent jurisdiction to recover judgment against the contractor or subcontractor by whom he was employed, or for whom he furnished materials, and upon filing a transcript, showing final judgment has been recovered, together with a certificate of clerk of court, that the same has not been appealed from, shall be entitled to be paid the same as if claim had been admitted as aforesaid. Two or more claimants against the same person may join in suit, and recover one several judgment upon which execution may issue as in other cases.

SEC. 4. This act shall not be construed to prevent payments being Act construed. made to a contractor during the progress of the work, but no payment shall be made unless receipts are produced from all subcontractors including laboring men and material men, up to the date of any such payment, nor shall it apply to contracts, where the contract price is less than $200.

*

CHAPTER 136.-Employment of children.

SECTION 1. In districts of the first and second class in this State every parent, guardian or other person having charge of any child between the ages of 8 and 14 years, shall send such child to a public, private or parochial school for the following period: In each school year beginning in September, not less than 20 weeks, at least 10 weeks of which, commencing within the first four weeks of the school year, shall be consecutive: Provided, however, That if two reputable physicians within the district shall certify in writing that the child's bodily or mental condition does not permit of its attendance at school, such child shall be exempted during such period of disability from the requirements of this act: And, provided, further, That if, in the opinion of the county superintendent of schools, the child is being instructed at home by a person qualified, such a child shall not be required to attend as herein provided. * * *

School attendance required.

Provisos.

SEC. 2. No child under the age of 14 years shall be employed by any Employment person, persons, company or corporations during the school term and during term of while the public schools are in session, unless the parent, guardian or

school.