Montana labor news., 1938-07-21

and findings of fact by the admins
traitor when supported by substan-
tial evidence shall be conclusive.
No objection to the order of the
administrator shall be considered by
the court unless such objection shall
have been urged before the admins
traitor or unless there were reason
able grounds for failure so to do. If
application is made to the court for
leave to adduce additional evidence,
and it is shown to the satisfaction
of the court that such additional
evidence may materially affect the
result of the proceeding and that
there were reasonable grounds for
failure to adduce such evidence in
the proceeding before the admins
traitor, the court may order such
additional evidence to be taken be-
fore the administrator and to be adj
duced upon the hearing in such
manner and upon such terms and
conditions as the court may seem
proper.
May Modify Findings
The administrator may modify his
findings by reason of the additional
evidence so taken, and shall file
with the court such modified or new
findings which if supported by sub
stantial evidence shall be conclusive,
and shall also file his recommends
lions, if any, for the modification or
setting aside of the original order,
The judgment and decree of the
court shall be final, subject to re-
view by the Supreme Court Of the
United States upon %certiorari or GER
LITIGATION as provided in sections 23s
and 24O of the judicial code, as
amended GU. S. c., title %, secs. 34t
and 347).
(b) The commencement of pro
ceedings under subsection (a) shall
not, unless specifically ordered by
the court, operate as a stay of the
administrators order. The court
shall not grant any stay Of the order
unless the person complaining o.
such order shall file in court ar
undertaking with a surety of suretie'
satisfactory to the court for the pay
ment to the employees affected BY
the order. In the event such order
is affirmed, of the amount by which
the compensation such employees are
entitled to receive under the order
exceeds the compensation they ac-
tually receive while such stay is il
effect.
Investigations, Inspection and
Records
Section l (a). The administratol
or his designated representative,
may investigate and gather data re.
garding the wages, hours and Other
conditions and practices of employ.
ment in any industry subject to this
act, and may enter and inspect sucl
places and such records (and make
prescriptions thereby, question
such employees, and investigate sucf
facts, conditions, practices or mat.
tiers as he may deem necessary Oh
appropriate to determine whether
any person has violated any provi.
sion of this act, or which may aic
in the enforcement of the provision,
of this act.
Except as provided in section l.
and in subsection (b) of this section
the administrator shall utilize the
bureaus and divisions of the Depart.
ment of Labor for all the investiga-
tons and inspections necessary I'm.
der this section. Except as provided
in section IL, the administrator shall
bring all actions under section II tC
restrain violations of this act.
(b) With the consent and coopera-
ton of state agencies charged with
the administration of state labor
laws, the administrator and the CHIEF
of the Children's Bureau may, fol
the purpose of carrying out theil
respective functions and duties I'M
der this act, utilize the services Of
state and local agencies, and theil
employees and, Notwithstanding any
other provision Of law, may re-
imburse such state and local agencie;
and their employees for services
rendered for such purposes.
(c) Every employer subject to any
provision of this act or of any order
issued under this act shall make
keep and preserve such records Of
the persons employed by him, and
of the wages, hours and other condi-
tons and practices of employment
maintained by him, and shall pre-
serve such records for such periods
of time and shall make such reports
therefrom to the administrator, as
he shall prescribe by regulation OF
order as necessary or appropriate
for the enforcement of the provisions
of this act or the regulations OF
orders hereunder.
Child Labor Provisions
Section IL (a). After the expira-
ton of 100 days from the date Of
enactment of this act, no producer,
manufacturer or dealer shall ship or
deliver for shipment in commerce
any goods produced in an establish
ment situated in the United States
in or about which within thirty days
prior to the removal of such goods
therefrom n oppressive child labor