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of hearing.

board, if it shall be made within three weeks of the date of filing the said application.

Sec. 6. As soon as may be after receiving said apPublic notice plication, the secretary of said board shall cause public notice to be given, of the time and place for the hearing thereon, but 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, notwithstanding such request.

Power to call witnesses.

Decision in writing.

Effect of decision.

"Sec. 7. The board shall have the power to summon as witnesses by subpoena any operative or expert in the department of business affected, and any person who keeps the records 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 a 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. 8. Upon the receipt of such application and after such notice, the board shall proceed as before provided and render a written decision, and the findings of the majority shall constitute the decision of the board, which decision shall be open to public inspection, shall be recorded upon the records of the board and published in an annual report to be made to the Governor before the first day of March in each year.

Sec. 9. Said decision shall be binding upon the parties who join in said application, or who have entered their appearance before said board, until either party has given the other notice in writing of his or their intention not to be bound by the same, and for a

period of 90 days thereafter. Said notice may be given to said employes by posting in three conspicuous places where they work.

threatened,

Sec. 10. Whenever it shall come to the knowl- When strike is edge of the State board that a strike or lockout is ser- board to act. iously threatened in the State involving any employer and his employes, if he is employing not less than ten persons, it shall be the duty of the State board to put itself into communication as soon as may be, with such employer and employes, and endeavor by mediation to affect an amicable settlement between them and endeavor to persuade them to submit the matters in dispute to the State board.

Sec. 11. The members of said board shall each Compensation, receive a per diem of three dollars for each day's service while actually engaged in the hearing of any controversy between any employer and his employes, and five cents per mile for each mile necessarily traveled in going to and returning from the place where engaged in hearing such controversy, the same to be paid by the parties to the controversy, appearing before said board, and the members of said board shall receive no compensation or expenses for any other service performed under this act.

process without

Sec. 12. Any notice or process issued by the State Sheriff to serve Board of Arbitration shall be served by any sheriff, to charge. whom the same may be directed, or in whose hands the same may be placed for service without charge. Approved March 24, 1896.

CHAPTER LXIII.

MEAT INSPECTION LAW REPEALED.

AN ACT to repeal Chapter Eighty of the Session Laws of 1894, entitled, “An act to prevent the exposure for sale of unwholesome or diseased Meats, "

etc.

Be it enacted by the Legislature of the State of Utah:

meat in cities.

SECTION 1. That Chapter Eighty of the Session Inspection of Laws of 1894, to prevent the exposure for sale of unwholesome or diseased meats in cities having a popula

tion of 10,000 inhabitants or over, within the Territory of Utah, be and the same is hereby repealed.

Sec. 2. This act shall take effect upon its approval.

Approved March 26, 1896.

CHAPTER LXIV.

VALIDATING EXCESS INDEBTEDNESS OF COUNTIES.

AN ACT to validate and provide for the Payment of certain Warrants and
Indebtedness of Counties.

Be it enacted by the Legislature of the State of Utah:

PREAMBLE.

Whereas, warrants which were in excess of the debt

Illegal action of limit allowed by law were issued prior to January 4, 1896,

county courts

in incurring

indebtedness.

by counties of Utah Territory, and the action of the members of the county courts issuing them was illegal and in violation of their oath of office; and,

Whereas, it is ascertained that many of such warrants were issued in payment for work and labor performed in the construction of county buildings and other public improvements, and for materials furnished, and for other good and valuable consideration, and without the knowledge upon the part of those receiving them of the wrongful and illegal act of such county courts in so issuing them; and,

Whereas, most if not all of said warrants are held by persons who have paid full face value for them, either in cash or work and labor as aforesaid, and are bona fide and innocent holders for value; and,

Whereas, the non-payment of the same would work great hardship and suffering upon such holders;

Therefore, while condemning the conduct of such county courts for such illegal action, and expressly declaring that the action of the Legislature of the State of Utah in validating the same as hereinafter provided shall not be regarded as an endorsement of

such wrongful and illegal acts upon the part of said county courts, nor as a precedent to be followed in the future.

of counties

Section 1. That all county warrants issued prior Excess warrants to the fourth day of January, 1896, by any county of validated. the Territory of Utah, and all claims against, and all liabilities and debts theretofore contracted or attempted to be contracted by any of said counties, prior to the fourth day of January, 1896, be and they are hereby validated and confirmed and declared to be legally binding debts of said counties, as counties of the State of Utah, respectively, and the same shall be paid out of the respective treasuries of said counties in the manner provided by law for the payment of debts of said counties, notwithstanding that the same or any of them may have been issued or contracted or attempted to be contracted in excess of the limit to which said counties respectively might by law issue warrants or incur indebtedness; and all warrants of said counties theretofore issued shall be paid out of said treasuries respectively, in the order in which the same have been or shall be presented to the respective treasurers thereof; Provided, however, That nothing in this act Contesting contained shall be construed to prohibit or prevent payment of any of the said counties or any taxpayer thereof from contesting or defending against any such warrant, claim or indebtedness upon any ground other than that the same was issued or contracted or attempted to be contracted in excess of such debt limit, or to give validity to any warrant, claim or indebtedness which shall be determined by any court of competent jurisdiction to be void upon any such other ground.

Approved March 25, 1896.

warrant.

warrants to be certified.

CHAPTER LXV.

RELATING TO OFFICERS CERTIFYING BONDS AND WAR

RANTS.

AN ACT qualifying and declaring the operation and intent of an act authorizing and requiring certain public officers to certify bonds, warrants and certificates of indebtedness of Counties, Cities and School Districts, and prescribing penalties for neglecting same, and for false and fraudulent certificates, approved February 21, 1896.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. That warrants for interest on the County, etc., bonded debt, for salaries and for the current expenses of any city, school district, board of education or county in this State, whose lawful debt limit was or was not exceeded prior to the approval of "An act authorizing and requiring certain public officers to certify bonds, warrants and certificates of indebtedness of counties, cities and school districts, and prescribing penalties for neglecting same, and for false and fraudulent certificates," approved February 21 1896, may be certified by the county clerk, city recorder, clerk of the school district or clerk of the board of education, to be within the lawful debt limit of such county, city, board of education or school district, whenever the same, together with all other indebtedness of said city, county, board of education or school district, shall not exceed the amount of the indebtedness of such city, county, board of education or school district at the time of the admission of this State to the Union, in addition to the whole amount of taxes of such county, city, board of education or school district for the year in and for which such warrant or warrants are issued. Sec. 2. Whenever the board of county commisDeclaration of Sioners, city council, trustees of the school district or board of education of any such county, city or school district shall find or declare that any appropriation or expenditure for which a warrant or warrants are to be issued was or is for interest upon the bonded debt, for salaries or for the current expenses of such county, city, board of education or school district, such finding or declaration, shall conclusively protect the county clerk, city recorder, clerk of the school district or

controlling board, protection to clerk, etc.

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