Fitzgerald leader enterprise and press., 1926-09-09
LAST INSTALLMENT OF new RAILWAY
LABOR ACT NOW RUNNING in THE LEADER

Of invalidity, but shall determine that
part of the award is valid, the court
shall set aside the entire award: FRO
vided, however, That, if the partieesS
shall agree thereto, and If such vand
and invalid parts are separaDie, tne
court shall set aside the invalid part'
Fifth. At the expiration OF ten
days from the decision of the dlstrlc'
court upon the petition filed as a1ore,
said, final judgment shall be entered
in accordance with said decislon' uh-
less during said ten days either party
shall appeal therefrom to the circuit
court of appeals. In such case oniy
such portion of the record shall De
transmitted to the appellate court as
is necessary to the proper under
standing and consideration OF the
questions of law presented by said
petition and to be decided. :,
Sixth. The determination OF said
circuit court of appeals upon, SAID
questions shall be final, and, belng
certified by the clerk thereof to said
district court, judgment. pursuant
thereto shall thereupon be entereqq
by said district court.
! Seventh. If the petitioners con-
tentions are finally sustained, 'Judg-
ment shall. be entered setting ASIDE
the award in whole or, if the parties
so agree, in part; but in such case
the parties may agree upon Judg-
nient to be entered disposing OF the
subject matter of the controversy,
which judgment when entered shall
/ have the same force and effect as
judgment entered upon an award.
Eighth. Nothing in this Act shall
be construed to require an individual
employee to render labor or service
without his consent, nor shall any
thing in this Act be construed to
make the quitting of his labor or ser
vice by an individual employee an IL
legal act; nor shall any court lsue
any process to compel the perform
ance by an individual employee OF
such labor or service, without his
consent.
Emergency Board
Sec. 10. If dispute between
carrier and its employees be not ad-
iusted under the foregoing provisions
of this Act and should, in the Judg-
ment of the Board of Mediation,
threaten substantially to interrupt in
terstate commerce to a degree such
as to deprive any section of the coun-
try of essential transportation ser
vice, the Board of Mediation shall
notify the President, who may there
upon, in his discretion, create board
to investigate and report respecting
such dispute. Such board shall be
composed of such number of persons
as to the President may seem de-
sirable: Provided, however, That no
member appointed shall be pecuniari-
ly or otherwise interested in any or
ganization of employees or any car
rier. The compensation of the men,
bers of any such board shall be fixed
by the President. Such board shall
be created separately in each instance
and it shall investigate promptly the
facts as to the dispute and make a
report thereon to the President with
in thirty days from the date of its
creation.
There is hereby authorized to be
appropriated such sums as may be
necessary for the expenses Of such
board, including the compensation
and the necessary travelling expenses
and expenses actually incurred for
of the members of the
board. All expenditures of the board
shall be allowed and paid on the pre-
sentation of itemized vouchers there
for approved by the chairman.
After the creation of such board
and for thirty days after such board
has made its report to the President,
no change, except by agreement, shall
be made by the parties to the contro-
versy in the conditions out of which
the dispute arose.
General Provisions
Sec II. If any provision of this
Act, or the application thereof to any
person or circumstance, is held in
valid, the remainder of the Act, and
the application of such provision to !
other persons or circumstances, shall
not be affected thereby.
Sec. 12. There is hereby author
lied to be appropriated such sums as
may be necessary for expenditure by
the Board of Mediation in carrying
out the provisions of this Act.
Sec. 13. (a) Paragraph "Sec-
ond" of subdivision (b) of section
1913 of the Judicial Code, as amend
ed, is amended to read as follows:
"Second. To review decisions of
the district courts, under section 9
of the Railway Labor Act"
(b) Section 2 of the Act entitled
"An Act to amend the Judicial Code,
and to further define the jurisdiction
of the circuit court of appeals and of
the Supreme Court, and for other
purposes" approved February 13,
is amended to read as follows:
"Sec. 2. That cases in a circuit
court of appeals under section 8 of
the Railway Labor Act; under section
5 of AN Act to create a Federal
Trade Commission, to define its pow
ers and duties, and for other pur-
poses,' approved September 26, 1914;
and under section II of AN Act to
supplement existing laws against un-
lawful restraits and monopolies, and
for other purposes approved Octo-
ber is, ,1914, are included among the
cases to which sections, 239. and 240
Of tRe judicial Code shall apply - ''''',
.sSec!a14. Title III of the Tra1spor-
tation Act, 1920, and the Act ap-
proved July Is, 1918, providing. for
mediation, conciliation, and arbitra-
ton, and all Acts and parts of Acts
in conflict with the provisions of this
Act are hereby repealed, except that
the members, secretary, officers, en-
ployees, and agents of the Railroad
Labor Board, in office upon the date
of the passage of this Act, shall re-
ceive their salaries for a period of
80 days from such date, in the same
manner as though this Act had not