Stipulations of agreement not conformed to, etc. Corruption of member of board, or fraud ment. Provisos. tained on ground of uncertainty. (b) That the award does not conform, nor confine itself, to the stipulations of the agreement to arbitrate; or (c) That a member of the board of arbitration rendering the by a party to the agree- award was guilty of fraud or corruption; or that a party to the arbitration practiced fraud or corruption which fraud or corruption affected the result of the arbitration: Provided, however, That no Petition not enter Court shall entertain any such petition on the ground that an award is invalid for uncertainty; in such case the proper remedy shall be a submission of such award to a reconvened board, or subcommittee thereof, for interpretation, as provided by this Act: Provided furbe construed liberally, ther, That an award contested as herein provided shall be construed liberally by the court, with a view to favoring its validity, and that no award shall be set aside for trivial irregularity or clerical error, going only to form and not to substance. Contested award to etc. Award set aside if valid. Fourth. If the court shall determine that a part of the award is part is determined in- invalid on some ground or grounds designated in this section as a ground of invalidity, but shall determine that a part of the award is valid, the court shall set aside the entire award: Provided, howSeparation of valid ever, That, if the parties shall agree thereto, and if such valid and invalid parts are separable, the court shall set aside the invalid part, and order judgment to stand as to the valid part. Proviso. and invalid parts on agreement of parties. Judgment final, sub court of appeals. Fifth. At the expiration of ten days from the decision of the disject to appeal to circuit trict court upon the petition filed as aforesaid, final judgment shall be entered in accordance with said decision, unless during said ten days either party shall appeal therefrom to the circuit court of Part of record trans- appeals. In such case only such portion of the record shall be transmitted to the appellate court as is necessary to the proper understanding and consideration of the questions of law presented by said petition and to be decided. mitted. Determination of circuit court of appeals. Entry of judgment. Rights of individuals to render labor, etc., not hindered. Emergency board., Board to notify the President of a dispute state commerce. Post, p. 1072. Sixth. The determination of said circuit court of appeals upon said questions shall be final, and, being certified by the clerk thereof to said district court, judgment pursuant thereto shall thereupon be entered by said district court. Seventh. If the petitioner's contentions are finally sustained, judgment 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 a judgment 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 indi vidual employee to render labor or service without his consent, nor shall anything in this Act be construed to make the quitting of his labor or service by an individual employee an illegal act; nor shall any court issue any process to compel the performance by an individual employee of such labor or service, without his consent. oplag 1971-logoo ad SEO, 10. If a dispute between a carrier and its employees be not not adjusted threaten- adjusted under the foregoing provisions of this Act and should, in ing to interrupt inter- the judgment of the Board of Mediation, threaten substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service, the Board of Mediation shall notify the President, who may thereupon, in his Creation of a board discretion, create a board to investigate and report respecting such to investigate, etc. dispute. Such board shall be composed of such number of persons No member inter- as to the President may seem desirable: Provided, however, That no ested in any organiza- member appointed shall be pecuniarily or otherwise interested in Proviso. tion of employees or any carrier. Compensation. Separate board in any organization of employees or any carrier. The compensation of the members of any such board shall be fixed by the President. Such board shall be created separately in each instance and it shall each instance to ininvestigate promptly the facts as to the dispute and make a report vestigate facts and rethereon to the President within thirty days from the date of its port within 30 days. creation. Necessary sums for There is hereby authorized to be appropriated such sums as may expenses, etc., authorbe necessary for the expenses of such board, including the compensa- ized. tion and the necessary traveling expenses and expenses actually incurred for subsistence, of the members of the board. All expendi- Payment, etc. tures of the board shall be allowed and paid on the presentation of itemized vouchers therefor 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 controversy in the conditions out of which the dispute arose. GENERAL PROVISIONS No change in conditions after creation of board, and for 30 days after its report. General provisions. of any provision not to affect Invalidity remainder of Act. SEC. 11. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, 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 authorized to be appropriated such sums Sums necessary for as may be necessary for expenditure by the Board of Mediation in ized. carrying out the provisions of this Act. expenditures author Circuit courts of ap SEC. 13. (a) Paragraph "Second" of subdivision (b) of section peals. 128 of the Judicial Code, as amended, is amended to read as follows: Vol.43, p.936, amend"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, 1925, is amended to read as follows: ed. Review of district court decisions of rail way labor cases. Ante, p. 586. amended." 43, P. 939, Certiorari allowed to. Railway employees appeals. Ante, p. 586. orders. Vol. 38, p. 720. SEC. 2. That cases in a circuit court of appeals under section 9 of the Railway Labor Act; under section 5 of 'An Act to create a Federal Trade Commission, to define its powers and duties, and for Trade Commission other purposes,' approved September 26, 1914; and under section 11 of 'An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes,' approved October 15, 1914, ment. are included among the cases to which sections 239 and 240 of the Judicial Code shall apply." Clayton Act enforce- Vol. 38, p. 103. SEC. 14. Title III of the Transportation Act, 1920, and the Act approved July 15, 1913, providing for mediation, conciliation, and arbitration, and all Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed, except that the members, Railroad Labor secretary, officers, employees, and agents of the Railroad Labor Board continued for Board, in office upon the date of the passage of this Act, shall receive 30 days. their salaries for a period of 30 days from such date, in the same manner as though this Act had not been passed. Approved, May 20, 1926. CHAP. 348.-An Act To authorize the granting of leave to ex-service men and women to attend the annual convention of the American Legion in Paris, France, in 1927. Ante, p. 315. May 20, 1926. [S. 3560.] [Public. No. 258.] American Legion Extended leave aland women in depart Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the heads convention. of the executive departments and independent establishments of lowed ex-service men the Government be, and they hereby are, authorized to grant, in ments to attend. their discretion, extended leave not to exceed sixty days in the year May 21, 1926. [8.3550.] [Public, No. 259.] Kennesaw Moun tle fields. Commission created to inspect. Composition. 1927 to ex-service men and women for the sole purpose of attending the annual convention of the American Legion in Paris, France: Provided, however, That this statute shall not be construed to modify the provisions of the Act approved March 3, 1893, limiting the annual leave which may be granted with pay to thirty days in any one year except that any portion of the thirty days' leave not granted or used during the year 1926 may be allowed to accumulate and be pyramided for the purpose herein specified in addition to the thirty days' leave with pay in 1927. Approved, May 20, 1926. CHAP. 350.-An Act Providing for an inspection of the Kennesaw Mountain and Lost Mountain and other battle fields in the State of Georgia. Be it enacted by the Senate and House of Representatives of the tain, etc., Georgia, bat- United States of America in Congress assembled, That a commission is hereby created, to be composed of the following members, who shall be appointed by the Secretary of War, for the purpose of inspecting the Kennesaw Mountain, Lost Mountain, and other battle fields in the State of Georgia: A commissioned officer of the Corps of Engineers, United States Army; a veteran of the Civil War who served honorably in the military forces of the United States; and a veteran of the Civil War who served honorably in the of selecting military forces of the Confederate States of America. In appointing the members of the commission the Secretary of War shall, as far as possible, select persons familiar with the terrain of the said battle fields and the historical events associated therewith. Basis members. Duty of commission. Report of findings. Amount authorized for expenses. Post, p. 878. May 21, 1926. [Š. 4070.] [Public, No. 260] Delaware River. Joseph R. Cheesman son may bridge, beN. J., and Bristol, Pa. and Clifford A. Ander tween Burlington, Post, p. 1069. Construction. Right to acquire real estate, etc., for approaches, etc. SEC. 2. It shall be the duty of the commission, acting under the direction of the Secretary of War, to inspect the said battle fields in order to ascertain the feasibility of their acquisition for the purpose of a national military park and of preserving and marking them for historical and professional military study and to ascertain the value of lands necessary to acquire for this purpose. The commission shall submit a report of its findings to the Secretary of War not later than November 1, 1926. SEO. 3. There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $5,000 in order to carry out the provisions of this Act. Approved, May 21, 1926. CHAP. 351.-An Act Granting the consent of Congress for the construction of a bridge across the Delaware River at or near Burlington, New Jersey. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby granted to Joseph R. Cheesman, and Clifford A. Anderson, their heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge and approaches thereto across the Delaware River, at a point suitable to the interests of navigation, between the city of Burlington, New Jersey, and the city of Bristol, Pennsylvania, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906, and subject to the conditions and limitations contained in this Act. SEC. 2. There is hereby conferred upon the said Joseph R. Cheesman, and Clifford A. Anderson, their heirs, legal representatives, and assigns all such rights and powers to enter upon lands and to acquire, condemn, appropriate, occupy, possess, and use real estate and other property needed for the location, construction, operation, and maintenance of such bridge and its approaches and terminals Condemnation pro as are possessed by bridge corporations for bridge purposes in the Vol. 34, p. 85. tion. SEC. 3. The said Joseph R. Cheesman, and Clifford A. Anderson, Tolls authorized. their heirs, legal representatives, and assigns, is hereby authorized to fix and charge tolls for transit over such bridge, and the rates so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in such Act of March 23, 1906. SEC. 4. After the date of completion of such bridge, as determined sylvania, etc., may by the Secretary of War, either the State of New Jersey, the State acquire, after compleof Pennsylvania, any political subdivision of either of such States within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and approaches, and interests in real property necessary therefor, by purchase, or by condemnation in accordance with the law of either of such States governing the acquisition of private property for public purposes by condemnation. If at any time after the expiration of twenty years compensation if acafter the completion of such bridge it is acquired by condemnation, quired by condemnathe amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and approaches, less a reasonable deduction for actual depreciation in respect of such bridge and approaches, (2) the actual cost of acquiring such interests in real property, (3) actual financing and promotion costs (not to exceed 10 per centum of the sum of the cost of construction of such bridge and approaches and the acquisition of such interests in real property), and (4) actual expenditures for necessary improvements. Determination of tion. Limitation. Operation by State, SEC. 5. If such bridge shall be taken over and acquired by the etc., as a toll bridge. States or political subdivisions thereof under the provisions of section 4 of this Act, the same may thereafter be operated as a toll bridge; in fixing the rates of toll to be charged for the use of such bridge, the same shall be so adjusted as to provide as far as possible a sufficient fund to pay for the cost of maintaining, repairing, and operating the bridge and its approaches, to pay an adequate return on the cost thereof, and to provide a sinking fund sufficient to amortize the amount paid therefor within a period of not to exceed Maintenance as free thirty years from the date of acquiring the same. After a sinking bridge, etc., after amor fund sufficient to pay the cost of acquiring such bridge and its tization of costs. approaches shall have been provided, the bridge shall thereafter be maintained and operated free of tolls or the rates of toll shall be so adjusted as to provide a fund not to exceed the amount necessary for the proper care, repair, maintenance, and operation of the bridge and its approaches. An accurate record of the amount tures and receipts. paid for acquiring the bridge and its approaches, the expenditures for operating, repairing, and maintaining the same, and of the daily tolls collected shall be kept, and shall be available for the information of all persons interested. Record of expendi SEC. 6. The said Joseph R. Cheesman, and Clifford A. Anderson, costs, etc., to be subtheir heirs, legal representatives, and assigns, shall, within ninety mitted after compledays after the completion of such bridge, file with the Secretary of War a sworn itemized statement showing the actual original cost of constructing such bridge and approaches, including the actual cost of acquiring interests in real property and actual financing and promotion costs. Within three years after the completion of Secretary of War. such bridge the Secretary of War may investigate the actual cost Sworn statements, of tion. Investigation by of such bridge, and for such purpose the said Joseph R. Cheesman, and Clifford A. Anderson, their heirs, legal representatives, and assigns shall make available to the Secretary of War all of his records in connection with the financing and construction thereof. Findings of Secretary The findings of the Secretary of War as to such actual original cost shall be conclusive, subject only to review in a court of equity for fraud or gross mistake. conclusive. Right to sell, etc., granted. Amendment. SEC. 7. The right to sell, assign, transfer, and mortgage all the rights, powers, and privileges conferred by this Act is hereby granted to the said Joseph R. Cheesman, and Clifford A. Anderson, their legal representatives and assigns, and any corporation to which such rights, powers, and privileges may be sold, assigned, or transferred, or which shall acquire the same by mortgage foreclosure or otherwise, is hereby authorized and empowered to exercise the same as fully as though conferred herein directly upon such corporation. SEC. 8. The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, May 21, 1926. May 21, 1926. [Public, No. 261.] North Branch of Susquehanna River. Barre, by Luzerne Vol. 43, p. 173, amend- CHAP. 352.-An Act To extend the time for the construction of a bridge across the north branch of the Susquehanna River from the city of Wilkes-Barre to the Borough of Dorranceton, Pennsylvania. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time for Time extended for commencing and completing the reconstruction of a bridge authorized bridging at Wilkes- by Act of Congress approved September 7, 1916, as renewed and extended by joint resolution approved February 15, 1921, and by Public, Numbered 145, approved May 26, 1924, to be constructed by the county of Luzerne, State of Pennsylvania, across the north branch of the Susquehanna River, from the city of Wilkes-Barre to the Borough of Dorranceton, in said county of Luzerne and the State of Pennsylvania, are hereby extended one and three years, respectively, from the date of approval hereof. Operation as bridge. tization of costs. toll SEC. 2. If tolls are charged for the use of such bridge, the rates of toll shall be so adjusted as to provide a fund sufficient to pay the cost of maintaining, repairing, and operating the bridge and its approaches, and to provide a sinking fund sufficient to amortize the cost of the bridge and its approaches as soon as possible under Maintenance as free reasonable charges, but within a period of not to exceed 20 years bridge, etc., after amor- from the completion thereof. After a sinking fund sufficient to pay the cost of constructing the bridge and its approaches shall have been provided, such bridge shall thereafter be maintained and operated free of tolls, or the rates of tolls shall thereafter be so adjusted as to provide a fund of not to exceed the amount necessary for the proper care, repair, maintenance, and operation of the Record of expendi- bridge and its approaches. An accurate record of the cost of the bridge and its approaches, the expenditures for operating, repairing, and maintaining the same, and of the daily tolls collected shall be kept, and shall be available for the information of all persons interested. tures and receipts. Amendment. SEC. 3. That the right to alter, amend, or repeal this Act is hereby expressly reserved. |