CHAPTER 63. PUBLICATION AND DISTRIBUTION OF MARKS AND BRANDS. AN ACT to amend section 45 of the Revised Statutes of Utah, 1898, relating to marks and brands, and defining certain duties of the recorder of marks and brands with respect thereto. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 45 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: Sec. 45. Record to be compiled, printed and distributed. The recorder of marks and brands shall, after re-recording said marks and brands, collate, compile and index in a record of suitable size, all such marks and brands, and shall furnish the county clerks of the various counties in the state with sufficient copies of said records for the use of such clerks and constables in said counties, and shall hold for sale and shall sell at a uniform price to be fixed by the board of examiners the remaining copies at not less than twenty-five per cent. in addition to the price per copy paid for printing and binding; provided, that the state board of examiners may, if in its judgment the best interest of the state may be subserved thereby, let the publication of said records of marks and brands to the lowest responsible bidder who shall be permitted to sell said books at a uniform price, not to exceed the sum of two dollars and fifty cents per copy. Approved this 14th day of March, 1901. CHAPTER 64. ANNUAL PUBLICATION OF MARKS AND BRANDS. AN ACT to amend section 40 of the Revised Statutes of Utah, 1898, relating to marks and brands, and defining certain duties of the recorder of marks and brands with respectthereto. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 40 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 40. Recorded marks and brands to be published annually. The State Auditor shall prepare once a year, or as often as he may deem expedient, a list of all recorded marks and brands which have not been previously published, and he shall cause a thousand copies of the same to be printed at public expense, in pamphlet or other convenient form, for distribution. Immediately after publication he shall gratuitously distribute to the county clerks of the various counties in the state a sufficient number of copies to supply said county clerks and the constables in said counties. Approved this 14th day of March, 1901. CHAPTER 65. STATE BOARD OF EQUALIZATION. AN ACT to amend section 2583 of the Revised Statutes of Utah, 1898, creating a state board of equalization, providing the manner of its appointment, fixing the terms of office and salaries of its members, providing the manner of its organization, defining its duties, and terminating the term of office of the members of the board of equalization now existing. Be it enacted by the Legislature of the State of Utah: Duties of. SECTION 1. That section 2583 of the Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows: 2583. Appointment. Term. Duties of. The Governor shall nominate and by and with the consent of the senate, appoint four residents of the state of Utah to constitute the state board of equalization, not more than two of whom shall belong to the same political party. Of the members first appointed two shall hold office for a term of two years and two for a term of four years and thereafter each shall hold his office for four years and until his successor is appointed and qualified, and each shall receive an annual salary of $800.00 payable quarterly out of the state treasury. They shall elect a president and a secretary from among their number, and shall, as a board or by committee thereof, in addition to other duties required by law, visit each county in the state annually and examine the assessment books and all other books in relation to taxation in each county. The terms of office of the members of the state board of equalization, heretofore appointed, shall terminate and cease upon the taking effect of this act. Sec. 2. This act shall take effect upon approval. CHAPTER 66. OUTSTANDING JUROR AND WITNESS CERTIFICATES. AN ACT providing for the examination of outstanding witness and juror certificates of district courts of the Territory of Utah with a view of determining the amount thereof and the liability of the state therefor and barring from payment all certificates not presented within the time prescribed in this act. Be it enacted by the Legislature of the State of Utah: SECTION 1. Outstanding juror and witness certificates must be presented to state board of examiners. That for the purpose of ascertaining the amount of the outstanding certificates issued by clerks of the district courts of the Territory of Utah to persons serving as jurors in civil and criminal cases or testifying as witnesses therein in criminal cases and determining the liability of the state thereon, all persons holding any of such certificates are required to present the same to the state board of examiners before the first day of September, 1902. Any person presenting any of such certificates who holds the same by purchase, must, in connection with such certificate, present a verified statement showing when he purchased each of such certificates and the price paid therefor. The Sec. 2. Board must examine and report to Legislature. board of examiners must examine all certificates so presented and make a report thereon to the next regular session of the Legislature during the first week thereof. Any Sec. 3. Certificates not presented barred from payment. such certificate not presented within the time and in the manner prescribed by this act shall be absolutely barred from payment by the state. Approved this 14th day of March, 1901. CHAPTER 67 SALE OF STOCKS OF MERCHANDISE IN BULK. AN ACT relating to the sale of stocks of merchandise in bulk; providing the mode of procedure in such sales and providing a penalty for any infraction thereof. Be it enacted by the Legislature of the State of Utah: SECTION 1. Sale of merchandise in certain cases without notice is void. A sale of any portion of a stock of merchandise otherwise than in the ordinary course of trade, and in the regular and usual prosecution of the seller's business, or a sale of an entire stock of merchandise in bulk, is fraudulent and void as against the creditors of the seller, unless the seller and purchaser shall at least five days before the sale make a full and detailed inventory, showing the quantity, and so far as possible, with the exercise of reasonable diligence, the cost price to the seller of each article to be included in the sale, and unless such purchaser shall at least five days before the sale, in good faith, make full and explicit inquiry of the seller as to the names and places of residence or places of business of each and all of the creditors of the seller, and the amount owing each creditor, and unless the purchaser shall at least five days before the sale, in good faith, notify, or cause to be notified, personally or by registered mail, each of the seller's creditors of whom the purchaser has knowledge or can with the exercise of reasonable diligence acquire knowledge, of said proposed sale, and of the said cost price of the merchandise to be sold and of the price proposed to be paid therefor by the purchaser. Sec. 2. Penalty. Any person wilfully selling or buying any stock of goods in any manner other than in this act provided, shall be deemed guilty of a misdemeanor, and shall upon conviction thereof be subjected to a fine of not less than fifty dollars, nor more than three hundred dollars. Approved this 14th day of March, 1901. CHAPTER 68. STATE BOARD OF LABOR, CONCILIATION AND ARBITRATION. AN ACT to create a state board of labor, conciliation and arbitration, for the investigation and settlement of differences between employers and their employees; to define the power and duties of the said board; fixing its members' compensation, and repealing chapter 1, of title 36 of the Revised Statutes of Utah, 1898. Be it enacted by the Legislature of the State of Utah: SECTION 1. Appointment. Qualifications. Term. Upon the approval of this act 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 be styled a state board of labor, conciliation and arbitration. One shall be an employer of labor; another shall be an employee and be selected from some labor organization; the third shall be some person who is neither an employee nor an employer of manual labor, and shall be chairman of the board. One shall serve for one year, one for three years, and one for five years, as may be designated by the Governor at the time of their appointment. At the expiration of their terms their successors shall be appointed in like manner for the term of four years. Should a vacancy occur at any time, the Governor shall, in the same manner, appoint some one to serve the unexpired term, and until the appointment and qualification of his successor. Each member of said board shall, before entering upon his duties, take the constitutional oath of office. The board shall select from its members a secretary and shall establish suitable rules of procedure. Sec. 2. Duty of board when strike or lock-out is threatened. Whenever it shall come to the knowledge of the said board that a strike or lockout is seriously threatened in the state, involving any employer and his employees, if he is employing not less than ten persons, it shall be the duty of the said board to put itself into communication as soon as may be with such employer and employees, and endeavor by mediation to effect an amicable settlement. Said board shall also request each of the parties to forward, to its secretary, an application for arbitration. Sec. 3. Duty of board after application to arbitrate received. As soon as practicable, after receiving such applications, the board shall request each of the parties to the dispute to agree upon a written statement of facts, relating to the controversy, and to submit the same to the board; provided, that, when such agreement and statement cannot be reached, each of said parties may separately submit to the board a written statement of grievances. Applications to the said board for arbitration on the part of employers must precede any lockout, and, on the part of the employee, any strike; provided, that, in case a lockout or strike already exists, the board shall accord arbitration if the parties shall resume their relations with each other, as employers and employees. Said applications shall include a promise to abide by the decision of the board and shall be signed by the employer or exployers, or his or their authorized agent, on the one side, and by a majority of his or their employees on the other. Sec. 4. Board to arbitrate. May employ stenographer. As soon as practicable, after receiving said applications, the board shall proceed to arbitrate. When it shall be necessary, in the judgment of said board, it may engage the services of a stenographer to take and transcribe an account of any arbitration proceedings. Sec. 5. May subpoena witnesses. General powers. The board shall have power to summon as witnesses by subpoena any operative or expert in the departments of business affected, and any person who keeps the record of wages earned in those departments, or any other person, and to administer oaths, and to examine said witnesses, and to require the production of books, papers and records. In case of disobedience to a subpoena the board may invoke the aid of any court in the state in requiring the attendance and testimony of witnesses, and the production of books, papers and documents under the provisions of this section. Any of the district courts of the state, within the jurisdiction of which such inquiry is carried on, may, in case of contumacy, or refusal to obey a subpoena issued to any such witness, issue an order requiring such witness to appear before said board and produce books and papers if so ordered, and give evidence touching the matter in question. Any refusal to obey such order of the court may be punished by such court as a contempt thereof. Sec. 6. Mayors and sheriffs to notify board of threatened strikes or lockouts. It shall be the duty of mayors of cities and sheriffs of counties, when any condition likely to lead to a strike or lockout exists, in the cities, or districts where they have jurisdiction, to immediately forward information of the same to the secretary of the state board of conciliation and arbitration. Such information shall include the names and addresses of persons who should be communicated with by the board. Sec. 7. Sheriff to serve process. Any notice or process issued by the state board of labor, conciliation and arbitration 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. |