R. S. 77-79

things as a good and dutiful servant ought to do; and the said C D binds himself to find and provide the said A B sufficient meat, drink, lodging, apparel and suitable medical attention in case of sickness; and the said C D further binds himself to give the said A B the opportunity of instruction in the rudiments of an English education by sending him to school or otherwise.

In witness whereof, the said A B and C D, in the presence of and......... witnesses of lawful age and domicile, have hereunto set their hands the day and year first above written. E F, A B, G H.

[Mode of Redress for Apprentice and Master.]

C D.

77. If any master or mistress shall abuse or cruelly or evilly treat, or shall not discharge his duty toward his apprentice or servant; or if said apprentice or servant shall abscond or absent himself from the service of his master or mistress without leave, or shall not do or discharge his duty to his master or mistress, then said master or mistress, or apprentice or servant, being aggrieved, shall apply to the parish judges in the several parishes where the parties reside throughout the State, except in the parish of Orleans, and in the parish of Orleans to one of the district judges, for redress, who, after giving due notice to the party against whom the complaint is lodged, and bringing said party by warrant or otherwise before him, shall take such order and direction between the said master or mistress, and apprentice or servant, as the equity and justice of the case may require.

[Redress for Absence Without Leave.]

78. Whenever any apprentice or bound servant shall ab scond or absent himself from the service of his master or mistress without leave, upon due proof being made to the satisfaction of the parish or district judge, as the case may be, the said judge shall have full power to compel him to return to service, or to pay such damages to his said master or mistress as may seem to the said judge equitable and just, and to impose such other punishment as the justice of the case may require. [What Minor Apprentice Shall Be Taught.]

79. In any case where any person shall be bound, either as an apprentice or servant, who shall be under the age of twentyone years, there shall be a clause in their indenture binding the

R. S. 80-83

master or mistress to teach or cause to be taught the said apprentice or servant to read and write, as also to instruct him. or cause him to be instructed in the fundamental principles of arithmetic.

[Cancellation of Indenture-Damages.]

80. Whenever it shall be made to appear to the judge, upon proper proof made before him, that the master or mistress or apprentice persistently neglects or refuses to comply with his obligations, it shall be competent for the said judge to cancel the indenture, giving such damages to the innocent party, and imposing such punishment upon the offending party, as he may deem equitable and just.

[Duties of Officers.]

81. It shall be the duty of sheriffs, justices of the peace and other civil officers of this State, to report to the parish judge of their respective parishes, and in the parish of Orleans (left bank) to the Mayor of the City of New Orleans, and on the right bank to the president of the police jury, on the first Monday of each month, for each and every year, all persons under the age of eighteen years, if females, and twenty-one, if males, who are orphans, or whose parent, parents or tutor have not the means, or who refuse to provide for and maintain said minors; and, thereupon, it shall be the duty of the parish judge, mayor or president of the police jury aforesaid, to examine whether the party or parties, so reported from time to time, come within the purview and meaning of this act, and if so, to apprentice said minor or minors, in manner and form as prescribed by law. [Limit of Term for Majors.]

82. Persons who have attained the age of majority, whether in this State or any other State of the United States, or in a foreign country, may bind themselves to service to be performed in this country, for the term of five years, on such terms as they may stipulate, as domestic servants, and to work on farms, plantations or in manufacturing establishments, which contracts shall be valid and binding on the parties to the same. [Age When Doubtful, How Determined.]

83. In all cases, where the age of the minor can not be ascertained by record testimony, the parish judge, mayor or president of the police jury, aforesaid, shall fix the age, according to the best evidence before him.

[Indentures Must Be Recorded.]

R. S. 84-Act 139, 1894

84. All acts of indenture made and entered into, in accordance with the provisions of this act, shall be deposited with and recorded by the recorder of mortgages for the parish in which they may be passed, in a book provided for that purpose, and all expenses for passing and recording said acts of indenture shall be paid by the employee, which fees shall be the same as now allowed by law for passing ordinary acts of conveyance, and no more.

ARBITRATION.

Act 139, 1894, p. 174.

AN ACT to provide for a State Board of Arbitration for the settlement of different cases between employers and employees.

[Apportionment and Composition of Board.]

SECTION 1. That within thirty days after the passage of this act, the Governor of the State, with the advice and consent of the Senate, shall appoint five competent persons to serve as a Board of Arbitration and Conciliation in the manner hereinafter provided. Two of them shall be employers, selected or recommended by some association or Board representing employers of labor, two of them shall be employees selected or recommended by the various labor organizations and not an employer of labor, and the fifth shall be appointed upon the recommendation of the other four; provided, however, that if the four appointed do not agree on the fifth man at the expiration of thirty days, he shall be appointed by the Governor; provided, also, that if the employers or employees fail to make their recommendations as herein provided within thirty 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.

[Terms of Office of Appointees.]

SEC. 2. Two shall be appointed for two years, and two for three years, and one, the fifth member, for four years, and all appointments thereafter shall be four years, or until their successors are appointed in the manner above provided. If for any reason a vacancy occurs at any time, the Governor shall in the same manner appoint some person to serve out the unexpired term.

R. S. 84-Act 139, 1894

[Organization, Rules, Oath, etc.]

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.

[Issues Which May Be Submitted-Procedure.]

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, co-partnership, 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.

[Report, etc., Where Adjustment Not Had.]

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.

[Application for Arbitration, How and By Whom Made.] ·

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, or the duly authorized agent of either or both parties. When an application is signed by an agent elaiming 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.

[What Application Shall Contain.]

SEC. 7. Said application shall contain a concise statement of the grievances complained of, and a promise to continue on in business or

R. S. 84-Ate 139, 1894

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 of said application.

[Procedure on Receipt of 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.

[Power of Board to Summon Witnesses, etc.]

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.

[Mayors and Judges May Call on Board to Act.]

SEC. 10. Whenever it is made to appear to the Mayor of a city or the Judge of any District Court in any parish, other than the 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.