[H. R. 9491, Fifty-eighth Congress, second session.]

A BILL to create a national arbitration tribunal and to define the duties and powers thereof.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be created a national arbitration tribunal, to consist of six members, one of whom as member ex officio shall be the Secretary of Commerce and Labor, and the other members thereof shall be appointed by the President, by and with the advice and consent of the Senate. The members of the tribunal first appointed under this act shall continue in office for the terms of two, three, four, five, and six years, respectively, from the first day of July, anno Domini nineteen hundred and four, the term of each to be designated by the President; but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed by the President only for the unexpired term of the member whom he shall succeed. Any member of the tribunal may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. No vacancy in the tribunal shall impair the right of the remaining members thereof to exercise all the powers of the tribunal as conferred by this act: Provided, That at least three of the appointive members of said tribunal shall constitute a quorum necessary for the transaction of business. The Secretary of Commerce and Labor, who shall be a member ex officio of the tribunal, shall have the same powers and perform the same duties as the other members of the tribunal, but shall not have the power to cast a vote.

Each member of the tribunal, other than the Secretary of Commerce and Labor, appointed in accordance with the provisions of this act, shall receive an annual salary of eight thousand dollars.

SEC. 2. That the tribunal shall without delay, after the appointment of its members, organize by electing a president and a vice-president from among its members. Said tribunal' shall employ a secretary, at a salary of four thousand dollars per annum, and such clerks and other employees for both temporary and permanent service as may be necessary, and such secretary, clerks, and employees shall perform such duties as said tribunal shall direct; and said tribunal shall have the power to discharge such persons so employed as it may deem expedient. Each of the members of the tribunal and its secretary shall take an oath, before a justice of the Supreme Court of the United States, to support the Constitution of the United States, and to honestly, fairly, and faithfully perform his duties as such officer.

No member of the tribunal and no employee or agent of said tribunal shall accept, in addition to his salary, any perquisite or gratuity of any kind whatsoever from any corporation, association, partnership, or individual in any way interested in any matter or thing pending or about to be brought before the tribunal in accordance with the provisions of this act. The accepting of such perquisite or gratuity by any of the persons mentioned from any corporation, association, partnership, or individual shall be deemed a misdemeanor, and the person guilty of such accepting shall be punished by a fine not exceeding five thousand dollars, or by imprisonment for not more than two years, or both, in the discretion of the court having jurisdiction of the offense: Provided, however, That no member of said tribunal shall take part in the consideration or determination of any controversy or petition in which he has any direct or indirect pecuniary interest, or when he has any such interest in either of the parties thereto. And in case that any member of the tribunal shall be so disqualified in any particular case, the president of the United States shall appoint some disinterested person to take the place of such member for the particular case in question, and such temporary appointee shall be paid at the same rate during his term of service as are the members of the tribunal, and his expenses shall be similarly paid.

The tribunal shall prepare and adopt an official seal, which, when approved by the President of the United States, shall be the seal of the tribunal.

The regular and permanent place of meeting of the tribunal shall be the city of Washington, in the District of Columbia; but the tribunal may hold its meetings elsewhere in the United States, temporarily, when it may deem it expedient so to do. There shall be assigned to the tribunal by the Secretary of Commerce and Labor suitable rooms, vaults, furniture, and fixtures, with the necessary fuel, lights, and other proper conveniences for the transaction of the business of the tribunal.

SEC. 3. That whenever there shall arise a controversy within the United States concerning wages, hours of labor, or conditions of employment between employer or employers, being an individual, partnership, association, corporation, or other combination, and his, their, or its employees, or any association or combination of such employees, in which controversy a strike or lockout is threatened or exists, and in which controversy there is involved any commerce with foreign nations, or among

the several States, or with the Indian tribes, or when such controversy arises within any of the Territories of the United States or the District of Columbia, it shall be competent and lawful for either party to such controversy to present to the tribunal a petition setting forth plainly and fully the claims and demands of said party in the particular case in question, which petition shall be made on a blank form in accordance with rules which shall be made in pursuance of this act by said tribunal, which forms shall, on application being made therefor by either party, be furnished to the same, without expense, by the tribunal; and such petition shall be duly sworn to by the party complaining, in accordance with the rules made in pursuance of this act. The petition, in addition to setting forth plainly and fully its said claims and demands, shall in substance be a request to the tribunal to investigate all matters involved therein, and to render a decision on the merits of the said claims and demands, in accordance with the provisions of this act; and said petition shall express also a full agreement, in such form as shall be prescribed by said rules, on the part of the parties to said agreement to accept and abide by the decision of said tribunal as to the matters involved in said petition, and to accept said decision as a final and binding award upon the parties thereto, and to accept and submit to all the powers and authority of said tribunal as expressed in this act, and to all the rules and regulations made in pursuance thereof. And the tribunal may require that the terms of submission to such arbitration shall include an agreement as to the length of time for which the award of the tribunal shall remain in force: And provided, That the tribunal, in its discretion, deems the petition and subject-matter involved therein to be such as to warrant the exercise of its functions in relation thereto, it shall then be the duty of the tribunal, within a reasonable time after it shall have received the petition, to transmit, in such manner as may be prescribed by the rules of the tribunal, a true copy of the same to the other party to the controversy, requesting said other party to make a sworn answer thereto within a number of days, to be determined by the rules of the tribunal, and if said other party shall neglect or refuse to make said answer within such number of days and to subinit the matters in controversy to the arbitration of the said tribunal in the form and manner above described, and to agree in such form and manner to accept and abide by the decision of the tribunal as to the matters involved in the said petition, the petition shall be made known to the public by the tribunal as provided hereinafter: Provided, however, That said tribunal shall have the power to correct said petition in such manner as to secure a clear and definite presentation of the case involved without, however, changing the substance of said petition.

SEC. 4. That if said other party, as named and described in the foregoing section, shall make a complete and full sworn answer to the petition therein provided for and shall so submit in such manner and form said controversy to the arbitration of the Tribunal and shall so agree to accept and abide by the decision of the tribunal as to the matters involved in the said petition and answer, then the tribunal shall without delay proceed in accordance with the provisions of this act and the rules thereunder which it shall hereafter adopt to investigate privately (unless both parties consent to a public investigation) the matters and things involved in the said controversy, determine the merits of the same on the basis of right and equity, and render its decision thereon, which decision shall be definitely and distinctively an affirmative or negative decision on each of the claims of both parties to the controversy, respectively: Provided, however, That said tribunal, of its own motion, may also make additional findings and recommendations for the purpose of adjusting such controversy.

And if the parties to the controversy shall accept the decision of the tribunal thereon rendered, and act in accordance therewith, then the petition, the answer, the testimony, and the entire record of the tribunal in relation to the controversy shall be held and kept private forever and shall not be made public by the tribunal without the consent of both parties to the arbitration; and such consent shall be expressed to the tribunal in accordance with the rules which it shall hereafter adopt. If such consent is so expressed, then the petition, the answer, and so much of the testimony and the record of the proceedings of the tribunal in relation to the controversy as the tribunal shall deem best shall be made public as hereinafter provided. If one of the parties to the controversy having agreed to accept the decision of the tribunal and to act in accordance therewith neglects or refuses so to act, the petition, the answer, and so much of the testimony and of the record of the proceedings of the tribunal in relation to the controversy as the tribunal shall deem best shall be made public as provided hereinafter: Provided, however, That the approval of the consenting party to such publication shall be expressed to the tribunal in accordance with the rules which it shall hereafter adopt: And provided also, That such consenting party acts in accordance with the decision, or in good faith endeavors or offers so to do. If both of the parties to the contro

versy, having agreed to accept the decision of the tribunal and act in accordance therewith, neglect or refuse so to act, the petition, the answer, and so much of the testimony of and of the record of the proceedings of the tribunal in relation to the controversy as the tribunal shall deem best shall be made public as provided hereinafter. Each of the parties to the controversy shall have the right, at any time while the tribunal is investigating the matters and things involved in the same and before its decision is finally announced, to modify or otherwise amend (subject to the rules of said tribunal) any of its claims theretofore presented to the tribunal; and thereupon such proceedings shall be had as may be provided for by the rules of the tribunal.

SEC. 5. That whenever it shall appear to the tribunal that there exists in the United States a controversy concerning wages, hours of labor, or conditions of employment between an employer or employers, being an individual, partnership, association, corporation, or other combination, and his or their employees, or any association or combination of his or their employees, in which controversy a strike or lockout is threatened or exists, and in which controversy there is involved any commerce with foreign nations, or among the several States, or with the Indian tribes, or when such controversy arises within any of the Territories of the United States or the District of Columbia, it shall be competent and lawful for the tribunal to request both of the said parties to such controversy to submit in writing their respective claims and demands to arbitration and accept and abide by the decision of the tribunal as to the matters involved in the said controversy in accordance with the foregoing provisions of this act and with the rules made thereunder, which decision shall be definitely and distinctly an affirmative or negative decision on each of the claims of both parties to the controversy, respectively: Provided, however, That said tribunal, of its own action, may also make additional findings and recommendations for the purpose of adjusting such controversy. The said tribunal shall keep a record of all requests so made, and in the event of neither of the said parties replying and acceding to a request so made, a record of such fact shall be made and kept and published in the manner provided in section seven of this act. In the event of but one of the said parties replying and acceding to a request so made, the same action shall be taken by said tribunal as is provided for similar cases in section three and four of this act: Provided, however, That in all cases under this act if any party against whom a petition is brought or to whom such request of the tribunal as provided in this section is made believes that the controversy is one which is not within the jurisdiction of the tribunal, or one which for any reason the tribunal should not take cognizance of, such party may first present a preliminary answer setting forth such belief and the facts upon which it is based, which preliminary answer shall be considered by the tribunal, and said tribunal shall then take such further action in view thereof and under the provisions of this act as to the dismissal of further consideration of the case as the tribunal shall deem just and equitable.

SEC. 6. That during the pendency before the tribunal of any petition and answer thereto or claims and demands submitted in accordance with the provisions of section five of this act the parties having made such petition and answer, respectively, or having so submitted such claims and demands, shall refrain from ordering or participating in any strike or lockout, and shall resume and continue their former relations with each other as though no controversy existed between the said parties. If at any time during the pendency before the tribunal of any petition and answer thereto, or claims and demands submitted in accordance with the provisions of section five of this act, one of the said parties shall refuse or neglect to refrain from ordering or participating in any strike or lockout, and shall refuse or neglect to resume such former relations with the other party as though no controversy existed between the said parties, then the proceedings of the tribunal in relation to the controversy shall be terminated, and thereupon the petition, the answer, and as much of the testimony and of the record of the proceedings of the tribunal in relation to the controversy as the tribunal shall deem best shall be made public as provided hereinafter: Provided, however, That the approval of the consenting party to their being so made public shall be expressed to the tribunal in accordance with the rules which it shall hereafter adopt: And provided further, That if, in the opinion of the tribunal, either party shall use any of the provisions of this section for the purpose of unjustly maintaining a given condition of affairs through delay, the said tribunal may, in its discretion, exempt the other party to said controversy from the operations of this section. If at any time during the pendency before the tribunal of any petition and answer thereto, or of claims and demands submitted in accordance with the provisions of section five of this act, both of said parties shall so refuse or neglect to refrain from ordering, commencing, or participating in any such strike or lockout, all the proceedings of the tribunal in relation to the controversy shall be terminated;

and thereupon the petition, the answer, and so much of the testimony and of the record of the proceedings of the tribunal in relation to the controversy as the tribunal shall deem best, shall be made public as provided hereinafter.

SEC. 7. That the tribunal shall prepare and publish periodically, as it may determine, a bulletin for public circulation, in which shall appear the record of all its decisions as made from time to time and all sworn petitions herein before provided for and duly presented to the tribunal to which no answers shall have been made in accordance with the provisions of this act, and such communications, written correspondence, papers, and documents relating to the subject-matter of said last-named petitions, as the tribunal in its discretion shall determine, and all requests made by the tribunal in accordance with the provisions of section five of this act, and also the petitions, answers, and so much of the testimony and of the records of proceedings as the tribunal shall deem best, and the publication of which is authorized under the provisions of sections four and five of this act.

SEC. 8. That the parties to a controversy shall be entitled to be represented before the tribunal in such manner as shall hereafter be determined by the tribunal in such rules of procedure as it may adopt. The decision of the tribunal on any controversy shall relate to the controversy as it existed on the date of the filing of the petitions, and shall be operative as of that date: Provided, That if said tribunal shall find that the conditions involved in the controversy have materially changed subsequent to the filing of the petition, said tribunal may modify its decision so that said decision, when rendered, shall, in equity and justice, be in accordance with such change in conditions.

SEC. 9. That the tribunal or any one member thereof shall have power to administer oaths or affirmations and to sign subpoenas, and for the purposes of this act said tribunal shall have power to require by subpoena the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation; such attendance of witnesses and the production of such documentary evidence as may be required from any place in the United States at any designated place of hearing. And in case of disobedience to the subpoena the tribunal may invoke the aid of any court of the United States in requiring such attendance and testimony of witnesses and such production of books, papers, tariffs, contracts, and agreements. Any circuit court of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpœna issued subject to the provisions of this act to any person, issue an order requiring such person to appear before said tribunal and produce books and papers if so ordered, and give evidence touching the matter in question, and any failure to obey such order of the court may be punished by such court as a contempt thereof. No person shall be excused from attending and testifying, or from producing books, papers, tariffs, contracts, agreements, and documents before the tribunal or in obedience to the subpoena of the same, whether such subpoena be signed or issued by one or more members of the tribunal, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify, or produce evidence, documentary or otherwise, before said tribunal or in obedience to its subpoena or the subpoena of any one of the members thereof, or in any case or proceeding: Provided further, That no person so testifying shall be exempt from prosecution and punishment for the perjury committed in so testifying. The witnesses summoned before the tribunal shall be paid the same fees and mileage as are paid to witnesses in the courts of the United States.

Upon the request of the tribunal it shall be the duty of any district attorney of the United States to whom said tribunal may apply to institute in the proper court and to prosecute, under the direction of the Attorney-General of the United States, all necessary proceedings for the enforcement of the provisions of this section, and for the punishment of all violations thereof, and the costs and expenses of such prosecutions shall be paid out of the appropriations for the expenses of the courts of the United States.

The testimony of any witness may be taken, at the instance of a party in any proceeding or investigation pending before the tribunal, by deposition at any time after a cause or proceeding is at issue on petition and answer. The tribunal may also order testimony to be taken by deposition in any proceeding or investigation pending before it at any stage of such proceeding or investigation. Such depositions may be taken befo.e any judge of any court of the United States, or any commissioner of a circuit or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county

court or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties nor interested in the event of the proceeding or investigation. Reasonable notice must first be given in writing by the party of his attorney of record, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the tribunal as hereinbefore provided.

Every person deposing as herein provided shall be cautioned and sworn (or affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the officer taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent.

If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken before an officer or person designated by the tribunal or agreed upon by the parties by stipulation in writing to be filed with the tribunal. All depositions must be promptly filed with the president.

Witnesses whose depositions are taken pursuant to this act, and the magistrate or other officer taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States.

SEC. 10. That the tribunal, or its duly appointed agents, may, whenever it deems it expedient, after an agreement for arbitration between the parties to the controversy has been made, enter and inspect any institution, establishinent, factory, workshop, or mine belonging to either party, and may employ competent experts to examine the accounts, books, and official reports of either party, and to examine and report on any matter material to the investigation, but shall not disclose such reports or the results of said inspection or examination under this section without the consent of both the parties to the controversy, except as provided in section four of this act.

SEC. 11. That the tribunal may, from time to time, make such rules and orders not inconsistent with this act as may be deemed proper for the regulating and conducting of its investigations and proceedings, and for the providing of blank forms for petitions and all other necessary blank forms, and for making petitions and answers, and for the prescribing of the method of serving copies of petitions, notices, and all other papers upon the parties, or a party, to any controversy of which ft shall take cognizance under the provisions of this act, and from time to time may make such other rules as may be necessary for the proper enforcement of this act. SEC. 12. That the tribunal shall make an annual report to Congress at the commencement of its regular session.

SEC. 13. That all expenses of the tribunal, including all necessary expenses for transportation incurred by the members thereof, or by its employees under its orders, in making investigations under this act, or upon official business in any other places than the city of Washington, salaries of employees and agents, and fees and mileage of witnesses shall be allowed and paid upon the presentation of itemized vouchers therefor, approved by the president of the tribunal.

SEC. 14. That a decision by a majority of the voting members of the tribunal engaged in the consideration of a case shall constitute a decision of the tribunal. In cases where either of the parties has in a previous controversy failed or refused to abide by the award of the tribunal, and in such other cases as the tribunal shall deem to be exceptional in their nature, the tribunal may, in its discretion, require that both parties to the controversy file with the tribunal a proper bond conditioned for the performance of the award of the tribunal, made payable each party to the other party in the sum fixed by the tribunal, and in case the conditions of said bond be broken by either party, the penalty shall be forfeited to the other party and shall be recoverable in an action at law in any court of the United States in the district where the plaintiff resides, and an order of the tribunal declaratory of such forfeiture shall be taken and held as prima facie evidence thereof.

No new petition between the same parties and upon the same subject of controversy shall be received or acted upon within less than one year after the rendering of a decision by said tribunal as between such parties and on such subject-matter except with the concurrence of both of such parties.

SEC. 15. That whenever a controversy of such special character or difficulty arises as to call for such action as hereinafter set forth, it shall be lawful for the President of the United States, in his discretion, and it shall be his duty when so requested by the tribunal, in its discretion, to appoint, without confirmation by the Senate, two additional persons as members of said tribunal for the purposes of such particular controversy. The tribunal so enlarged shall have, for all the purposes of said controversy, all the powers and duties hereinbefore set forth, except the power of fur