Sec. 33. It is unlawful for any person knowingly to make any 2 false statement or to conceal any fact required to be disclosed 3 under any of the provisions of this act.

Sec. 34. In any proceedings under this act the burden of proof 2 of the fact that a dog has been licensed, or has been imported 3 for breeding, trial, or show purposes, or that a dog is under the 4 age of six months, shall be on the owner of such dog.

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Any dog not bearing a license tag shall be deemed to be un6 licensed.

Sec. 35. The commissioner of agriculture, through his officers 2 and agents, shall have the general supervision over the licensing 3 and regulation of dogs and protection of livestock and poultry 4 from damage by dogs in all counties of the state. The commis5 sioners of each county shall enforce within their respective juris6 diction, the provisions of this act. Upon the petition of ten free7 holders of any county in which the provisions of this act have not 8 been enforced by the county officers, it shall be the duty of the 9 commissioner of agriculture to employ such officers as may be 10 necessary in carrying out the provisions of this act Any other 20 [H. B. No. 502 11 state department bureau or commission may, on request of the 12 commissioner of agriculture, assist in the enforcement of the pro13 visions of this act.

Sec. 36. Any person violating, or failing or refusing to comply 2 with any of the provisions of this act shall be guilty of a misde3 meanor and upon conviction shall be fined not less than twenty4 five dollars, nor more than one hundred dollars, or be imprisoned 5 in the county jail not less than thirty days nor more than ninety 6 days, or both, at the discretion of the court.

7 All fines collected under the provisions of this act shall be forth8 with paid to the sheriff of the proper county.

Sec. 37. Nothing in this act shall interfere with any law for 2 the protection and preservation of game. Except where such acts 3 or parts of acts are especially repealed, this act does not repeal 4 or affect any acts or parts of acts relating to mad dogs or dogs 5 affected with any disease.

Sec. 38. Nothing in this act shall be construed to prevent the 2 owner of a licensed dog from recovery, by action at law, the value 3 of any dog, which dog has been illegally killed, by any police 4 officer, farmer, stockmen, or other person within this state, from

5 said police officer, farmer, stockmen, or other person. Said value H. B. No. 502] 21

6 of said dog to be ascertained in the same manner and form as 7 provided in section twenty-five of this act for assessing the damage 8 done to livestock by dogs.

9 Nothing in this act shall be construed as to prevent the killing 10 of a dog caught chasing deer at any time of the year, on either 11 public or private lands; or to prevent the killing of dogs by any 12 officer employed to enforce the game laws of this state when 13 said dogs are pursuing game during the closed season for the 14 training of dogs on game, providing said dogs are not under the 15 immediate control or accompanied by their owners or keepers.

Sec. 39. This act does not repeal or in anywise affect any of 2 the provisions of the Game Laws for West Virginia.

Sec. 40. All other acts or parts of acts, general, local or special, 2 inconsistent with this act are hereby repealed.

House Bill No. 518

(BY MR. HEAVEN ER)

[Introduced January 26, 1921; referred to the Committee on the Judiciary.]

House Bill No. 518

A BILL creating the court of industrial relations, defining its powers and duties, and relating thereto, abolishing the public utilities commission, repealing all acts and parts of acts in conflict therewith, and providing penalties for the violation of this act. Be it enacted by the Legislature of West Virginia:

Section 1. There is hereby created a tribunal to be known 2 as the court of industrial relations, which shall be composed 3 of three judges who shall be appointed by the governor, by and 4 with the advice and consent of the senate. Of such three judges

5 first appointed, one shall be appointed for a term of one year, 6 one for a term of two years, and one for a term of three years. 7 said terms to begin simultaneously upon qualification of the 8 persons appointed therefor. Upon the expiration of the term of 9 the three judges first appointed as aforesaid, each succeeding judge 10 shall be appoined and shall hold his office for a term of three years 11 and until his successor shall have been qualified. In case of a 12 vacancy in the office of judge of said court of industrial relations 13 the governor shall appoint his successor to fill the vacancy for the 14 unexpired term. The salary of each of said judges shall be five [H. B. No. 518 15 thousand dollars per year, payable monthly. Of the judges first 16 to be appointed, the one appointed for the three-year term shall 17 be the presiding judge, and thereafter the judge whose term of 18 service has been the longest shall be the presiding judge; provided, 19 that in case two or more of said judges shall have served the same 20 length of time, the presiding judge shall be designated by the 21 governor.

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Sec. 2. The jurisdiction conferred by law upon the public 2 utilities commission of the state of West Virginia is hereby con3 ferred upon the court of industrial relations, and the said court 4 of industrial relations is hereby given full power, authority and 5 jurisdiction to supervise and control all public utilities and all 6 common carriers as defined in the general statutes of West Vir7 ginia, doing business in the state of West Virginia, and is em8 powered to do all things necessary and convenient for the exer9 cise of such power, authority and jurisdiction. All laws relating to 10 the powers, authority, jurisdiction and duties of the public 11 utilities commission of this state are hereby adopted and all 12 powers, authority, jurisdiction and duties by said laws imposed 13 and conferred upon the public utilities commission of this state 14 relating to common carriers and public utilities are hereby imH. B. No. 518] 15 posed and conferred upon the court of industrial relations created 16 under the provisions of this act; and in addition thereto said 17 court of industrial relations shall have such further power, au18 thority and jurisdiction and shall perform such further duties 19 as are in this act set forth, and said public utilities commission 20 is hereby abolished. That all pending actions brought by or 21 against the said public utilities commission of this state shall

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22 not be affected, but the same may be prosecuted or defended by 23 and in the name of the court of industrial relations. Any in24 vestigation, examination, or proceedings had or undertaken, com25 menced or instituted by or pending before said public utilities 26 commission at the time of the taking effect of this act are trans27 ferred to and shall be continued and heard by the said court of 28 industrial relations hereby created, under the same terms and 29 conditions and with like effect as though said public utilities com30 mission had not been abolished.

Sec. 3. (a) The operation of the following named and in2 dicated employments, industries, public utilities and common 3 carriers is hereby determined and declared to be affected with 4 a public interest and therefore subject to suprevision by the state 5 as herein provided for the purpose of preserving the public peace, H. E. No. 513

6 protecting the public health, preventing industrial strife, disorder 7 and waste, and securing regular and orderly conduct of the busi8 nesses directly affecting the living conditions of the people of this 9 state and in the promotion of the general welfare, to-wit: (1) 10 The manufacture or preparation of food products whereby, in 11 any stage of the process, substances are being converted, either 12 partially or wholly, from their natural state to a condition to be 13 used as food for human beings; (2) The manufacture of clothing 14 and all manner of wearing apparel in common use by the people 15 of this state whereby, in any stage of the process, natural pro16 ducts are being converted, either partially or wholly, from their 17 natural state to a condition to be used as such clothing and 18 wearing apparel; (3) The mining or production of any substance 19 or material in common use as fuel either for domestic, manu20 facturing, or transportation purposes; (4) The transportation 21 of all food products and articles or substances entering into wear22 ing apparel, or fuel, as aforesaid, from the place where produced 23 to the place of manufacture or consumption.

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(b) Any person, firm or corporation engaged in any such 25 industry or employment, or in the operation of such public 26 utility or common carrier, within the state of West Virginia, H. B. No. 518]

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27 either in the capacity of owner, officer, or worker, shall be sub28 ject to the provisions of this act, except as limited by the pro29 visions of this act.

Sec. 4. Said court of industrial relations shall have its office 2 at the capitol of said state in the city of Charleston, and shall 3 keep a record of all its proceedings which shall be a public record. 4 and subject to inspection the same as other public records of 5 this state. Said court, in addition to the powers and jurisdiction 6 heretofore conferred upon, and exercised by, the public utilities 7 commission, is hereby given full power, authority and jurisdic8 tion to supervise, direct and control the operation of the indus9 tries, employments, public utilities, and common carriers in all 10 matters herein specified and in the manner provided herein, and 11 to do all things needful for the proper and expeditious enforce12 ment of all the provisions of this act.

Sec. 5. Said court of industrial relations is hereby granted full 2 power to adopt all reasonable and proper rules and regulations 3 to govern its proceedings, the service of process, to administer 4 oaths, and to regulate the mode and manner of all its investi5 gations, inspections and hearings: Provided, however, that in 6 the taking of testimony the rules of evidence, as recognized by [H. B. No. 518

7 the supreme court of the state of West Virginia in original pro8 ceedings therein, shall be observed by said court of industrial 9 relations; and testimony so taken shall in all cases be transcribed 10 by the reporter for said court of industrial relations in duplicate, 11 one copy of said testimony to be filed among the permanent 12 records of said court, and the other to be submitted to said su13 preme court in case the matter shall be taken to said supreme 14 court under the provisions of this act.

Sec. 6. It is hereby declared and determined to be necessary 2 for the public peace, health and general welfare of the people of 3 this state that the industries, employments, public utilities and 4 common carriers herein specified shall be operated with reason5 able continuity and efficiency in order that the people of this 6-7 state may live in peace and security, and be supplied with the 8 necessities of life. No person, firm, corporation, or association 9 of persons shall in any manner or to any extent, wilfully hinder, 10 delay, limit or suspend such continuous and efficient operation 11 for the purpose of evading the purpose and intent of the pro12 visions of this act; nor shall any person, firm, corporation, or 13 association of persons do any act or neglect or refuse to perform 14 any duty herein enjoined with the intent to hinder, delay, limit