4 joined by the provisions of this act, or to conspire or confederate. 5 with others to do or perform any act forbidden, or to fail or 6 refuse to perform any act or duty enjoined by the provisions of this act, or to induce or intimidate any person, firm or corporation 8 engaged in any of said industries, employments, utilitieis or com9 mon carriers to do any act forbidden, or to fail or refuse to 10 perform any act or duty enjoined by the provisions of this act 11 for the purpose or with the intent to hinder, delay, limit, or 12 suspend the operation of any of the industries, employments, 20 [H. B. No. 527 13 utilities or common carriers herein specified or indicated, or to 14 delay. limit or suspend the productoin or transportation of the 15 products of such industries, or employments, or the service of 16 such utilities or common carriers: provided, that nothing in this 17 act shall be construed as restricting the right of any individual 18 employee engaged in the operation of any such industry, employ19 ment, public utility, or common carrier to quit his employment 20 at any time, but it shall be unlawful for any such individual em21 ployee or other person to conspire with other persons to quit 22 their employment or to induce other persons to quit their employ23 ment for the purpose of hindering, delaying, interfering with, 24 or suspending the operation of any of the industries, employ25 ments, public utilities, or common carriers governed by the provi26 sions of this act, or for any person to engage in what is known 27 as "picketing," or to intimidate by threats, abuse, or in any other 28 manner, any person or persons with intent to induce such person 29 or persons to quit such employment, or for the purpose of de30 terring or preventing any other person or persons from accepting 31 employment or from remaining in the employ of any of the in32 dustries, employments, public utilities, or common carriers gov33 erned by the provisions of this act.

Sec. 18. Any person wilfully violating the provisions of this 2 act, or any valid order of said court of industrial relations, shall 3 be deemed guilty of a misdemeanor, and upon conviction there4 of in any court of competent jurisdiction of this state shall be 5 punished by a fine of not to exceed one thousand dollars, or 6 by imprisonment in the county jail for a period of not to ex7 ceed one year, or by both such fine and imprisonment.

Sec. 19. Any officer of any corporation engaged in any of the 2 industries, employments, utilities or common carriers herein 3 named and specified, or any officer of any labor union or associa4 tion of persons engaged as workers in any such industry, em5 ployment, utility or common carrier, or any employment of labor, 6 coming within the provisions of this act, who shall wilfully use 7 the power, authority or influence incident to his official position, S or to his position as an employer of others, and by such means 9 shall intentionally influence, impel, or compel any other per10 son to violate any of the provisions of this act, or any valid 11 order of said court of industrial relations, shall be deemed guilty 12 of a felony and upon conviction thereof in any court of competent 13 jurisdiction shall be punished by a fine not to exceed five 14 thousand dollars, or by imprisonment in the state penitentiary at [H. B. No. 527 15 hard labor for a term not to exceed two years, or both such fine 16 and imprisonment.

22

Sec. 20. In case of the suspension, limitation or cessation of 2 the operation of any of the industries, employments, public utili3 ties or common carriers affected by this act, contrary to the pro4 visions hereof, or to the orders of said court made hereunder, if 5 it shall appear to said court that such suspension, limitation, or 6 cessation shall seriously affect the public welfare by endangering the public peace, or threatening the public health, then said court 8 is hereby authorized, empowered and directed to take proper pro9 ceedings in any court of competent jurisdiction of this state to 10 take over, control, direct and operate said industry, employ11 ment, public utility or common carrier during such emergency: 12 provided, that a fair return and compensation shall be paid to 13 the owners of such industry, employment, public utility or com14 mon carrier, and also a fair wage to the workers engaged there15 in, during the time of such operation under the provisions of this 16 section.

Sec. 21. When any controversy shall arise between employer 2 and employee as to wages, hours of employment, or working or 3 living conditions, in any industry not hereinbefore specified the H. B. No. 527] 23

4 parties to such controversy may, by mutual agreement, and with 5 the consent of the court, refer the same to the court of indus6 trial relations for its findings and orders. Such agreement of

7 reference shall be in writing, signed by the parties thereto; 8 whereupon said court shall proceed to investigate, hear, and de9 termine said controversy as in other cases, and in such case the 10 findings and orders of the court of industrial relations as to said 11 controversy shall have the same force and effect as though made. 12 in any essential industry as herein provided.

Sec. 22. Whenever deemed necessary by the court of indus2 trial relations, the court may appoint such person, or persons, 3 having a technical knowledge of bookkeeping, engineering or 4 other technical subjects involved in any inquiry in which the 5 court is engaged, as a commissioner for the purpose of taking 6 evidence with relation to such subject. Such commissioner when 7 appointed shall take an oath to well and faithfully perform the 8 duties imposed upon him, and shall thereafter have the same 9 power to administer oaths, compel the production of evidence, 10 and the attendance of witnesss as the said court would have if 11 sitting in the same matter. Said commissioner shall receive 24 [H. B. No. 527 12 such compensation as may be provided by law or by the order 13 of said court, to be approved by the governor.

Sec. 23. Any order made by said court of industrial relations 2 as to minimum wage or a standard of wages shall be deemed 3 as prima facie reasonable and just, and if said minimum wage 4 or standard of wages shall be in excess of the wages theretofore 5 paid in the industry, employment, utility or common carrier, then 6 and in that event the workers affected thereby shall be entitled 7 to receive said minimum wage or standard of wages from the date 8 of the service of summons or publication of notice instituting 9 said investigation, and shall have the right indivdually, or in 10 case of incorporated unions or associations, or unincorporated 11 unions or associations entitled thereto, collectively, to recover in 12 any court of competent jurisdiction the difference between the 13 wages actually paid and said minimum wage or standard of 14 wages so found and determined by said court in such order.. It 15 shall be the duty of all employers affected by the provisions of 16 this act, during the pendency of any investigation brought under 17 this act, or any litigation resulting therefrom, to keep an accu18 rate account of all wages paid to all workers interested in said 19 investigation or proceeding: provided, that in case said order shall H. B. No. 527]

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20 fix a wage or standard of wages which is lower than the wages 21 theretofore paid in the industry, employment, utility or common 22 carrier affected, then and in that event the employers shall have 23 the same right to recover in the same manner as provided in 24 this section with reference to the workers.

Sec. 24. With the consent of the governor, the judges of said 2 court of industrial relations are hereby authorized and empowered 3 to make, or cause to be made, within this state or elsewhere, such 4 investigations and inquiries as to industrial conditions and rela5 tions as may be profitable or necessary for the purpose of fa6 miliarizing themselves with industrial problems such as may arise 7 under the provisions of this act. All the expenses incurred in 8 the porformance of their official duties by the individual mem9 bers of said court and by the employees and officers of said 10 court, shall be paid by the state out of funds appropriated there11 for by the legislature, but all warrants covering such expenses 12 shall be approved by the governor of said state..

Sec. 25. The rights and remedies given and provided by this 2 act shall be construed to be cumulative of all other laws in force 3 in said state relating to the same matters, and this act shall not 4 be interpreted as a repeal of any other act now existing in said. [H. B. No. 527

26

5 state with reference to the same matters referred to in this act, 6 except where the same may be inconsistent with the provisions of 7 this act.

Sec. 26. The provisions of this act and all grants of power, 2 authority and jurisdiction herein made to said court of indus3 trial relations shall be liberally construed and all incidental pow4 ers necessary to carry into effect the provisions of this act are 5 hereby expressly granted to and conferred upon said court of in6 dustrial relations.

Sec. 27. Annually and on or before January first of each year, 2 said court of industrial relations shall formulate and make a re3 port of all its acts and proceedings, including a financial state4 ment of expenses, and shall submit the same to the governor of 5 this state for his information. All expenses incident to the 6 conduct of the business of said court of industrial relations shall 7 be paid by the said court on warrants signed by its presiding 8 judge and clerk, and countersigned by the governor and shall be 9 paid out of funds appropriated therefor by the legislature. The

10 said court of industrial relations shall, on or before the convening 11 of the legislature, make a detailed estimate of the probable ex12 penses of conducting its business and proceedings for the ensuH. B. No. 527] 27

13 ing two years, and attach thereto a copy of the reports furnished 14 the governor, all of which shall be submitted to the governor of 15 this state and by him submitted to the legislature.

Sec. 28 If any section or provision of this act shall be found 2 invalid by any court, it shall be conclusively presumed that this 3 act would have been passed by the legislature without such in4 valid section or provision, and the act as a whole shall not be 5 declared invalid by reason of the fact that one or more sections 6 or provisions may be found to be invalid by any court.

Sec. 29. All acts and parts of acts in conflict herewith are 2 hereby repealed.

House Bill No. 510

(BY MR. CAPEHART.)

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

House Bill No. 510

A BILL to amend section five of chapter seventeen of the acts of the legislature of one thousand nine hundred and nineteen in reference to fees of issuing officers under the child labor law.

Be it enacted by the Legislature of West Virginia:

That section five of chapter seventeen of the acts of the legislature of one thousand nine hundred and nineteen be amended as follows: Section 5-a. That the issuing officer whose duty it is to issue

2 work permits, and age certificates, shall for each age certificate 3 written for a minor of sixteen years of age or over, be entitled 4 to a fee not to exceed fifty cents, the same to be paid by the em5 ployer making application for such certificate.