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the state of California.
3. By-laws of corporations.
Section 1. It shall be unlawful for any two or more persons Or corporations to combine or agree together to do any act which 771), in any respect, prevent any person from buying livestock
in this state froin any person having the same for her for himself or as the representative or agent of the 'of the same.
It shall be unlawful for any corporation organized
under the laws of this state, or any board of directors or trusto have, pass, or enforce any rule, by-law, or regulation whereby
stockholders, or agents, or officers of any corporation,
prevented, or person having
stockholder, member, shareholder, agent, servant or any other person in any way interested in or connected with such corporation, shall in any respect be prohibited,
enjoined from buying livestock from any other
such livestock for sale, either as owner thereof, or as the agent, representative, or assistant of such owner, in any market in this state, where livestock is brought to be sold.
Every rule, regulation, or by-law of any corporation doing business in this state, which has for its purpose, or which, directly or indirectly, tends to prevent its members or stockholders from freely purchasing livestock from any person lawfully having the same for sale, upon any livestock market of this
hereby declared to be contrary to the public policy of this state, and unlawful and void ; and any person or persons
attenupt, directly or indirectly, to enforce any such meanor, and in addition to the penalties prescribed by this act rule, regulation or by-law, shall be deemed guilty of a misdeshall be personally liable for all damages which may arise from
the enforcement of such rule, regulation, or by-law, to any person damaged thereby.
Sec. 4. No trusts, combinations, or conspiracies shall be organized or exist in this state, to prevent any person or persons, or corporation, from selling livestock on commission, for such an amount of commission as any person engaged in the business may see fit to charge; and all rules, regulations, by-laws, or agreements of any corporation, association, society, or combination of persons, whereby any such corporation, society, association, or combination of individuals are required to charge not less than a given sum for commissions, or whereby any person or commission merchant is, in any respect, restrained from charging less than a certain fixed sum for his services as such commission merchant in the sale of livestock, are hereby declared to be contrary to the public policy of this state, and unlawful. And any person who shall enter into any such trust, combination, or conspiracy, or who shall enforce or aid, abet, assist, or encourage the enforcement of any such rule, regulation, by-law, or agreement, shall be liable to the penalties prescribed by this act, and also shall be personally liable to any person, individual, society, or corporation who may be injured in his property or business thereby, to the full extent of the injury resulting therefrom.
Sec. 5. Whoever shall, directly or indirectly, be a party to any combination, conspiracy, or association, which attempts, directly or indirectly, to prevent any other person from freely selling livestock at any market in this state for such persons as see fit to engage his services, or shall endeavor to compel, directly or indirectly, any person to charge, not less than a fixed minimum sum for services in the sale of livestock, or shall, in any way, hinder or prevent another from lawfully selling livestock for another, for such rate of commission as may be agreed upon by the owner of the livestock and the commission merchant, shall be deemed guilty of a misdemeanor, and suffer the penalties prescribed by this act, and shall be personally liable to anyone aggrieved thereby, for the full amount of any damage sustained by such person.
Sec. 6. Anyone who shall violate the provisions of this act shall be punished by a fine in any sum not less than five hundred dollars, and not more than five thousand dollars, or by imprisonment in the county jail not exceeding one year, or by either or
both, in the discretion of the court, and shall be liable, in civil action, to any person aggrieved, in such damages as he or she may have sustained by the violation of this act.
Sec. 7. This act shall take effect and be in force from and after its
ARBITRATION. An act to provide for a state board of arbitration for the settle
ment of differences between employers and employees, to define the duties of said board, and to appropriate the sum of twentyfive hundred dollars therefor.
[Approved March 10, 1891; Stats. 1891, p. 49.]
§ 1. Board of arbitration.
Section 1. On or before the first day of May of cach year, the governor of the state shall appoint three competent persons to serve as a state board of arbitration and conciliation. One shall represent the employers of labor, one shall represent labor employees, and the third member shall represent neither, and shall be chairman of the board. They shall hold office for one year and until their successors are appointed and qualified. If å vacancy occurs, as soon as possible thereafter the governor shall appoint some one to serve the unexpired term; provided, however, that when the parties to any controversy or difference, as provided in section two of this act, do not desire to submit their controversy to the state board, they may by agreement each choose one person, and the two shall choose a third, who shall be chairman and umpire, and the three shall constitute a board of arbitration and conciliation for the special controversy submitted to it, and shall for that purpose have the same powers as the state board. The members of the said board or boards, before entering upon the duties of their office, shall be sworn to faithfully discharge the duties thereof. They shall adopt such
rules of procedure as they may deem best to carry out the provisions of this act.
Sec. 2. Whenever any controversy or difference exists between an employer, whether an individual, copartnership, or corporation, which, if not arbitrated, would involve a strike or lockout, and his employees, the board shall, upon application, as hereinafter provided, and as soon as practicable thereafter, visit, if necessary, the locality of the dispute and make careful inquiry into the cause thereof, hear all persons interested therein who inay 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 and make a written decision thereof. This decision shall at once be made public, and shall be recorded upon proper books of record to be kept by the board.
Sec. 3. Said application shall be signed by said employer, or by a majority of his employees in the department of the business in which the controversy or difference exists, or their duly authorized agent, or by both parties, and shall contain a concise statement of the grievances complained of, and a promise to continue on in business or at work, without any lockout or strike, until the decision of said board, which must, if possible, be made within three weeks of the date of filing the application. Immediately upon receipt of said application, the chairman of said board shall cause public notice to be given of the time and place for hearing. Should the petitioners fail to keep the promise made therein, the board shall proceed no further thereupon withvut the written consent of the adverse party. And the party violating the contract shall pay the extra cost of the board entailed thereby. The board may then reopen the case and proceed to the final arbitration thereof as provided in section two hereof.
Sec. 4. The decision rendered by the board shall be binding upon the parties who join in the application for six months, or until either party has given the other a written notice of his intention not to be further bound by the conditions thereof after the expiration of sixty days or any time agreed upon by the parties, which agreement shall be entered as a part of the decision. Said notice may be given to the employees by posting a notice thereof in three conspicuous places in the shop or factory where they work.
Sec. 5. Both einployers and employees shall have the right at any time to submit to the board complaints or grievances and ask for an investigation thereof. The board shall decide whether the complaint is entitled to a public investigation, and if they decide in the affirmative, they shall proceed to hear testimony, after giving notice to all parties concerned, and publish the result of their investigations as soon as possible thereafter.
Sec. 6. The arbitrators hereby created shall be paid five dollars per day for each day of actual service, and also their necessary traveling and other expenses incident to the duties of their office shall be paid out of the state treasury; but the expenses and salaries hereby authorized shall not exceed the sum of twenty-five hundred dollars for the two years.
Sec. 7. The sum of twenty-five hundred dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated, for the expenses of the board for the first two years after its organization.
Sec. 8. This act shall take effect and be in force from and
after its passage.
BANKS AND BANKING.
An act to repeal an act entitled “An act concerning corporations
and persons engaged in the business of banking," approved April 1, 1876.
[Approved March 26, 1895; Stats. 1895, p. 77.]
§ 1. Repeal of prior act.
Section 1. That an act entitled "An act concerning corporations and persons engaged in the business of banking," approved April first, eighteen hundred and seventy-six, be and the same is hereby repealed.
Sec. 2. This act shall take effect and be in force from and
after its passage.
[This act was also repealed in 1893; Stats. 1893, p. 112.]