ccxii UNITED STATES Labor shall, upon the request of either party to the contro- versy, with all practicable expedition, put themselves in com- munication with the parties to the controversy, and shall use their best efforts, by mediation and conciliation, to amicably settle the same. Second. — If such efforts at mediation and conciliation shall be unsuccessful, the officials named shall at once endeavor to bring about an arbitration of the controversy in accordance with the provisions of the act. The arbitrators shall consist of one person named by the carrier or employer directly inter- ested, and the other by the labor organization to which the employees directly interested belong ; or if they belong to more than one, by that one of them which specially represents employees of the same grade and class and engaged in ser- vices of the same nature as the employees directly interested. The law makes provision in cases where the majority of the employees are not members of any labor organization. The two arbitrators thus chosen shall select a third, but in the event of their failure to name such third arbitrator within five days of their first meeting, he shall be named by the Chairman of the Interstate Commerce Commission and the Commissioner of Labor. A majority of the arbitrators — that is, two — shall be competent to make a valid and binding award in accordance with the provisions of the act. The law practically provides for voluntary arbitration ; it is not compulsory in any sense, except that if the parties agree to the provisions of the law they are bound by the terms of the award. The act further provides that incorporated unions may appear by designated representatives before the board of arbi- tration created by it, or in any suits or proceedings for or against such corporations or their members in any of the Federal courts ; and that whenever receivers appointed by Federal courts are in the possession and control of railroads, the employees upon such railroads shall have the right to be heard in such courts, through the officers and representatives of their associations, whether incorporated or unincorporated, upon all questions affecting the terms and conditions of their employment. The law also provides that in every incorporation of a labor organization, in accordance with the United States Statutes of 1885 and 1886, it must be provided in the articles of such incorporation, and in the constitution, rules, and by-laws, that a member thereof shall cease to be such by participating in or
