criminations and legal proceedings in matters of employment.' The commission may act directly, or it may appoint temporary boards of arbitration, providing also for their necessary expenses. Hearings and investigations may be conducted by the commission or a board, deputy, agent or committee, and findings, orders, awards, or decisions, when approved and confirmed by the commission, are to be deemed the conclusions of the commission. Power to enforce the attendance of witnesses, administer oaths, require the production of books, papers, etc., is conferred on the commission, or a board appointed by it, to the same extent as such power is vested in a court of record in civil cases. Parties to proceedings may be compelled to give evidence as witnesses, and evidence is not restricted to that of a strictly legal nature, but such as seems fit in equity and good conscience may be accepted.

Employers and employees must give at least 30 days' notice of any intended change affecting conditions of employment as regards wages or hours. If an investigation has been begun, and until the dispute has been finally dealt with by the commission or board, the existing status must be maintained, and the relationship of employer and employee continued "uninterrupted by the dispute or anything arising out of the dispute." Any attempt at delay in order to maintain a continuation of the status is punishable as a misdemeanor. It is also made unlawful for any employer to declare or cause a lockout, or for any employee to go on strike, on account of any dispute, prior to or during an investigation, hearing or arbitration of such dispute under the provisions of the act. Suspension or discontinuance of any industry or of work for any employer not constituting a lockout or a strike is not forbidden; nor does the cessation of operations in any industry not affected with a public interest come within the prohibition of the act. Employers may declare lockouts. and employees may strike without violating the statute if they choose to do so after a dispute has been duly investigated, heard or arbitrated under the provisions of the act.

Determination by the commission or a board are binding only when the parties to a dispute have either agreed in writing prior to action that they will abide by the conclusions reached, or have accepted the action of the commission or board after the same has been made known to them. Penalties are provided for violations. of the act by employers or by employees, as well as by any person who incites, encourages or aids in any manner acts by either employers or employees in contravention of the provisions of the

statute.

Awards and findings in regard to labor disputes are within the general provisions of the act as to rehearings on points objected to,

and appeals to courts. Such appeals lie to procure the modification or vacation of any order or ruling made, on the ground that it is unlawful or unreasonable, and such actions take precedence in time over all civil cases of a different nature. The only grounds upon which the court can act are that the commission acted without or in excess of its powers; that the finding, order, or award was procured by fraud; that the findings of fact by the commission do not support the order or award; or that the award does not do substantial justice to the parties. If further objection is made, the matter may be brought before the Supreme Court on a writ of error for a final review of the order or judgment.

The effect of the act is, in brief, to furnish a compulsory system of investigation, requiring the continuance of the status pending such action, whether applied for or not, no act in furtherance of a dispute being permissible by either party until the matter has been gone into by an official body.

COLORADO FUEL & IRON CO. INDUSTRIAL REPRESENTATION PLAN.

The Colorado Fuel & Iron Co. recently outlined and submitted to its employees a plan for the settlement of industrial disputes between the company and its employees and for regulating conditions of employment. This plan of representation is probably the outcome of the recent troubles and disturbances which have occurred in Colorado among the employees of that company, running over a period of a few years past. The plan is termed an agreement between the company and its employees, and was submitted to their vote for ratification. It was first submitted for consideration at a joint conference in Pueblo, October 2, which was attended by the representatives of the employees from each camp and by the company's officers and superintendents. The conference approved the plan and recommended its adoption by the employees and by the board of directors of the company. It was formally voted upon by secret ballot at the various camps between October 4 and 25. Seventy-three per cent of the average working force at the mines and coke ovens actually voted on the plan, according to the statement of the Colorado Fuel & Iron Industrial Bulletin, to be published by the company quarterly in pursuance of the plan in question. Of the votes cast 84.47 per cent were in favor of both the plan and agreement relating to working conditions. This would be substantially equivalent to its positive acceptance by 61 per cent of the total average working force, while 12 per cent directly opposed it and 27 per cent expressed no opinion by refraining from voting.

This plan and agreement, as it is termed, will govern conditions of employment in the coal and iron mines of the Colorado Fuel & Iron Co. during the next three years; apparently it does not cover the employees of the steel works of the company at Pueblo. The agreement relating to living and working conditions specifically covers employees in the coal mines and coke-oven plants of the company, but does not seem to apply to the iron mines in Wyoming, although the industrial representation plan mentions this as one of the districts included in the general arrangement. The working agreement provides that eight hours shall constitute a day's work for all employees under ground, and nine hours for all outside labor, except that of firemen and engineers. The schedules of wages and working conditions in force at the time of the agreement are to continue without reduction, and if before January 1, 1918, increases are granted in competitive districts, the company agrees to grant a proportionate increase to its employees.

The plan of representation for the settlement of disputes as adopted is divided into four general sections, dealing with the topics following: (1) Representation of employees and manner of their selection; (2) district conferences, joint committees, and joint meetings; (3) the prevention and adjustment of industrial disputes; and (4) social and industrial betterment.

The properties of the company are divided into five districts for the purposes of the plan, and annual meetings, conferences, and committees are provided for as follows: (1) Annual meetings by the employees of each separate camp on the company's properties for the election by secret ballot of their representatives (1 to each 150 employees, or at least 2 to each camp) to the district conferences. These annual meetings of the camp members may also discuss questions pertaining to their employment; (2) district conferences made up of the above-selected representatives of the employees and representatives from the company in equal number. These district conferences are open for the discussion of matters of mutual interest; (3) joint district conferences of two or more districts held on special occasions at the call of the president of the company or on his own initiative for discussion of matters of common interest, to supplement the separate district conferences; (4) annual joint conference of all districts, held each December at a time and place designated by the president of the company. At this meeting annual reports are made by the several joint committees elsewhere provided for and matters of common interest discussed; and (5) special committees (four) for each district: (a) joint committee on industrial cooperation and conciliation; (b) joint committee on safety and accidents; (e) joint committee on sanitation, health, and housing; (d) joint committee on recreation and

education. The titles of each of these indicate in a way their purpose and nature. Each committee is made up of six members, three representing the employees and three the company.

Under the arrangement entered into the company reserves the right to hire and discharge its men without interference from the employees. It guarantees the men, on the other hand, the right to hold general meetings upon the company's properties as they may desire on idle days and after work. The company does not restrict the employee's right to belong to a union or to purchase his goods elsewhere than from the company's stores. Every employee has the right of ultimate appeal to the president of the company concerning any condition of work or treatment to which he may be subjected and which he may deem unfair, and for this purpose the president of the company appoints a president's industrial representative to hear complaints which foremen and mine superintendents have failed to adjust. From these appeal lies to the division superintendents and assistant managers, to the general manager, and finally to the president of the company.

A grievance or difference which can not be adjusted in this manner may be referred, with the authority of the president of the company, to the joint committee on industrial cooperation and conciliation provided for the district in which the dispute arises. The majority decision of this committee becomes binding on both parties: but on the failure of a majority an umpire may be chosen, or an arbitration board instituted, with final recourse to the Colorado Industrial Commission, acting in its capacity to settle industrial disputes.

The employees may be consulted in an advisory capacity by the company in the administration of its social and industrial betterment scheme.

The plan for the settlement of industrial disputes and the memorandum of agreement as to conditions of employment above outlined is here reproduced in full.

TEXT OF THE COMPANY'S PLAN.

REPRESENTATION OF EMPLOYEES.

Employees at each of the mining camps shall annually elect from among their number representatives to act on their behalf with respect to matters pertaming to their employment, working and living conditions, the adjustment of differences, and such other matters of mutual concern and interest as relations within the industry may determine.

The annual meetings of employees for the election of their representatives shall be held simultaneously at the several mining camps on the second Saturday in January. The meetings shall be called by direction of the president of the company. Notices of the meetings, indicating their time and place, as well as the number of representatives to be elected shall be publicly posted at each

camp a week in advance, and shall state that employees being wage earners in the employ of the company at the time of the meeting and for at least three months immediately preceding, but not salaried employees, shall be entitled to be present and vote. Special meetings shall be similarly called when removal, resignation, or other circumstance occasions a vacancy in representation.

Each meeting for the election of employees' representatives shall choose its own chairman and secretary. At the appointed hour, the meeting shall be called to order by one of the employees' representatives, or, in the absence of a representative, any employee present, and shall proceed to the election of a chairman and secretary. The chairman shall conduct, and the secretary record, the proceedings. They shall certify in writing to the president of the company the names of the persons elected as the employees' representatives for the ensuing year.

Representation of employees in each camp shall be on the basis of 1 representative to every 150 wage earners, but each camp, whatever its number of employees, shall be entitled to at least 2 representatives. Where the number of employees in any one camp exceeds 150, or any multiple thereof, by 75 or more, an additional representative shall be elected. The persons elected shall act as the employees' representatives from the time of their election until the next annual meeting, unless in the interval other representatives may, as above provided, have been elected to take their places.

To facilitate the nomination and election of employees' representatives, and to insure freedom of choice, both nomination and election shall be by secret ballot, under conditions calculated to insure an impartial count. The company shall provide ballot boxes and blank ballots, differing in form, for purposes of nomination and election. Upon entering the meeting, each employee entitled to be present shall be given a nomination ballot, on which he shall write the names of the persons whom he desires to nominate as representatives, and deposit the nomination ballot in the ballot box.

Each employee may nominate representatives to the number to which the camp is entitled, and of which public notice has been given. Employees unable to write may ask any of their fellow employees to write for them on their ballots the names of the persons whom they desire to nominate; but in the event of any nomination paper containing more names than the number of representatives to which the camp is entitled, the paper shall not be counted. The persons-to the number of twice as many representatives as the camp is entitled to-receiving the highest number of nomination votes shall be regarded as the duly nominated candidates for employees' representatives, and shall be voted upon as hereinafter provided. (For example: If a camp is entitled to two representatives, the four persons receiving the largest number of nomination votes shall be regarded as the duly nominated candidates. If the camp is entitled to three representatives, then the six persons receiving the largest number, etc.)

The chairman shall appoint three tellers, who shall take charge of the ballot box containing the nomination votes, and with the aid of the secretary, they shall make out the list of the duly nominated candidates, which shall be announced by the chairman. The meeting shall then proceed to elect representatives by secret ballot, from among the number of candidates announced, the same tellers having charge of the balloting.

If dissatisfied with the count, either as respects the nomination or election, any 25 employees present may demand a recount, and for the purposes of the recount the chairman shall select as tellers three from the number of those demanding a recount, and himself assist in the counting, and these four shall act in making the recount in the place of the secretary and the tellers previously chosen. There shall be no appeal from this recount, except to the president of