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Code · STATUTES-AT-LARGE · Vol. 48 STAT. · June 19, 1934 · Public Law 443

Public Law 443.

14,058 words·~64 min read·/statutes-at-large/vol-48/public-law-443·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(/us/pl/73/437).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section 766United States courts.[R.S., sec. 766, p. 144](/us/rs/s766/p144).[U.S.C., p. 914](/us/usc/p914). of the Revised Statutes, as amended, be, and it is hereby, further amended so as to read as follows: " “Pending the proceedings or appeal in the cases mentioned in theHabeas corpus.Stay of proceedings during pendency of action in State court. three preceding sections, and until final judgment therein, and after final judgment of discharge, any proceeding against the person so imprisoned and confined or restrained of his liberty, in any State court, or by or under the authority of any State, for any matter so heard and determined, or in process of being heard and determined, under such writ of habeas corpus, may be stayed by a judge of any court of the United States in which are pending any such proceedings or appeal.
After the granting of such a stay any such proceeding in any State court, or by or under the authority of any State, subsequent thereto pending the final adjudication of such habeas corpus proceedings in the court of the United States shall be deemed null and void. If no such stay is granted, any suchAppeals. proceeding in any State court, or by or under the authority of any State, shall be as valid and of as full force and effect as if no proceedings or appeal in the cases mentioned in the three preceding sections were pending in any court of the United States.
No such appeal shall be had or allowed unless taken within three months after the date of the judgment or order complained of. Any proceeding, except final judgment or execution thereof, heretofore taken in any State court, or by or under the authority of any State, for any matter heard and determined, or in process of being heard and determined, in any proceeding or appeal in the cases mentioned in the three preceding sections now pending in any court of the United States, shall be as valid and of as full force and effect as if no such proceedings or appeal had been pending in any court of the United States at the time such proceeding was taken.”" Approved, June 19, 1934.
To authorize the Secretary of the Treasury to purchase silver, issue silver certificates, and for other purposes. 1934-06-19 674 Chapter 48 Stat. 1178 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 1178 [CHAPTER 674.] AN ACT To authorize the Secretary of the Treasury to purchase silver, issue silver certificates, and for other purposes.June 19, 1934.[[H.
R. 9745.](/us/bill/73/hr/9745)][[Public, No. 438.](/us/pl/73/438)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Silver Purchase Act of 1934. That the short title of this Act shall be the “Silver Purchase Act of 1934.” Sec. 2. Declaration of policy. It is hereby declared to be the policy of the United States that the proportion of silver to gold in the monetary stocks of the *Ante*, p. 342.*Ante*, p. 2.United States should be increased, with the ultimate objective of having and maintaining, one fourth of the monetary value of such stocks in silver.
Sec. 3.Purchase of; rates, etc. Whenever and so long as the proportion of silver in the stocks of gold and silver of the United States is less than one-fourth of the monetary value of such stocks, the Secretary of the Treasury is authorized and directed to purchase silver, at home or abroad, for present or future delivery with any direct obligations, coin, or currency of the United States, authorized by law, or with any funds in the Treasury not otherwise appropriated, at such rates, at such times, and upon such terms and conditions as he may deem reasonable *Provisos*.Excessive price.and most advantageous to the public interest: *Provided,* That no purchase of silver shall be made hereunder at a price in excess of Purchase price, in continental United States on May 1, 1934.the monetary value thereof: *And provided further,* That no purchases of silver situated in the continental United States on May 1, 1934, shall be made hereunder at a price in excess of 50 cents a fine ounce.
Sec. 4. Sales, when authorized. Whenever and so long as the market price of silver exceeds its monetary value or the monetary value of the stocks of silver is greater than 25 per centum of the monetary value of the stocks of gold and silver, the Secretary of the Treasury may, with the approval of the President and subject to the provisions of section 5, sell any silver acquired under the authority of this Act, at home or abroad, for present or future delivery, at such rates, at such times, and upon such terms and conditions as he may deem reasonable and most advantageous to the public interest.
Sec. 5. Silver certificates.Issue of, denominations; restriction. The Secretary of the Treasury is authorized and directed to issue silver certificates in such denominations as he may from time to time prescribe in a face amount not less than the cost of all silver purchased under the authority of section 3, and such certificates Bullion reserves, amount.shall be placed in actual circulation. There shall be maintained in the Treasury as security for all silver certificates heretofore or hereafter issued and at the time outstanding an amount of silver in bullion and standard silver dollars of a monetary value equal toCertificates to be legal tender. the face amount of such silver certificates.
All silver certificates heretofore or hereafter issued shall be legal tender for all debts, public and private, public charges, taxes, duties, and dues, and shall be Redemption.redeemable on demand at the Treasury of the United States in standard silver dollars; and the Secretary of the Treasury is authorized to coin standard silver dollars for such redemption. Sec. 6. Transactions in silver, regulation of. Whenever in his judgment such action is necessary to effectuate the policy of this Act, the Secretary of the Treasury is authorized, with the approval of the President, to investigate, regulate, or prohibit, by means of licenses or otherwise, the acquisition, importation, exportation, or transportation of silver and of contracts and other arrangements made with respect thereto; and to require the filing of reports deemed by him reasonably necessary in connection Penalty for violations of licensing provisions.therewith.
Whoever willfully violates the provisions of any license, order, rule, or regulation issued pursuant to the authorization contained in this section shall, upon conviction, be fined not more than $10,000 or, if a natural person, may be imprisoned for not more than1179 ten years, or both; and any officer, director, or agent of any corporation who knowingly participates in such violation may be punished by a like fine, imprisonment, or both. Sec. 7. Whenever in the judgment of the President such actionExecutive order requiring silver delivery to Treasury. is necessary to effectuate the policy of this Act, he may by Executive order require the delivery to the United States mints of any or all silver by whomever owned or possessed.
The silver so delivered shallCoinage. be coined into standard silver dollars or otherwise added to the monetary stocks of the United States as the President may determine; and there shall be returned therefor in standard silver dollars, or any other coin or currency of the United States, the monetarySeigniorage, etc., deduettona. value of the silver so delivered less such deductions for seigniorage, brassage, coinage, and other mint charges as the Secretary of the Treasury with the approval of the President shall have determined: *Provided,* That in no case shall the value of the amount returned*Proviso*.Amount returned must be fair market value. therefor be less than the fair value at the time of such order of the silver required to be delivered as such value is determined by the market price over a reasonable period terminating at the time of such order.
The Secretary of the Treasury shall pay all necessaryExpenses. costs of the transportation of such silver and standard silver dollars, coin, or currency, including the cost of insurance, protection, and such other incidental costs as may be reasonably necessary. AnyHoarding. silver withheld in violation of any Executive order issued under this section or of any regulations issued pursuant thereto shall be forfeited to the United States, and may be seized and condemned byPenalties. like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law; and, in addition, any person failing to comply with the provisions of any such Executive order or regulation shall be subject to a penalty equal to twice the monetary value of the silver in respect of which such failure occurred.
Sec. 8. Schedule A of title VIII of the Revenue Act of 1926, asStamp taxes.Vol. 44, p. 103; Vol. 47, p. 275. amended (relating to stamp taxes), is amended by adding at the end thereof a new subdivision to read as follows: " “10. Silver, and so forth, sales and transfer.— On all transfersSales and transfers of silver, etc. of any interest in silver bullion, if the price for which such interest is or is to be transferred exceeds the total of the cost thereof and allowed expenses. 50 per centum of the amount of such excess.
OnTransfer stamps; memorandum. every such transfer there shall be made and delivered by the transferor to the transferee a memorandum to which there shall be affixed lawful stamps in value equal to the tax thereon. Every such memorandum shall show the date thereof, the names and addresses of the transferor and transferee, the interest in silver bullion to which it refers, the price for which such interest is or is to be transferred and the cost thereof and the allowed expenses.
Any person liableDelivering silver bullion without stamp affixed memorandum. for payment of tax under this subdivision (or anyone who acts in the matter as agent or broker for any such person) who is a party to any such transfer, or who in pursuance of any such transfer delivers any silver bullion or interest therein, without a memorandum stating truly and completely the information herein required, or who delivers any such memorandum without having the proper stamps affixed thereto, with intent to evade the foregoing provisions, shallPenalty. be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not exceeding $1,000 or be imprisoned not more than six months, or both.
Stamps affixed under this subdivisionCanceling stamps. shall be canceled (in lieu of the manner provided in section 804) byVol. 44, p. 100. such officers and in such manner as regulations under this subdivision shall prescribe. Such officeis shall cancel such stamps only if it appears that the proper tax is being paid, and when stamps withLiability. respect to any transfer are so canceled, the transferor and not the1180 transferee shall be liable for any additional tax found due or penalty Expenses allowed.with respect to such transfer.
The Commissioner shall abate or refund, in accordance with regulations issued hereunder, such portion of any tax hereunder as he finds to be attributable to profits
(1)realized in the course of the transferor’s regular business of furnishing silver bullion for industrial, professional, or artistic use and
(a)not resulting from a change in the market price of silver bullion, or
(b)offset by contemporaneous losses incurred in transactions in interests in silver bullion determined, in accordance with such Losses attributable to market changes.regulations, to have been specifically related hedging transactions; or
(2)offset by contemporaneous losses attributable to changes in the market price of silver bullion and incurred in transactions in silver foreign exchange determined, in accordance with such regulations, to have been hedged specifically by the interest in silver bullion Provisions of general application.transferred. The provisions of this subdivision shall extend to all transfers in the United States of any interest in silver bullion, and to all such transfers outside the United States if either party thereto is a resident of the United States or is a citizen of the United States who has been a resident thereof within three months before the date of the transfer or if such silver bullion or interest therein is situated in the United States; and shall extend to transfers to the United States Government (the tax in such cases to be payable by the transferor), but shall not extend to transfers of silver bullion by deposit or delivery at a United States mint under proclamation by the President or in compliance with any Executive order issued pursuant to section 7 of the Silver Purchase Act of 1934. The tax under this subdivision on transfers enumerated in subdivision 4 shall be in Transfer tax to be additional; payment, etc.addition to the tax under such subdivision. This subdivision shall apply
(1)with respect to all transfers of any interest in silver bullion after the enactment of the Silver Purchase Act of 1934, and
(2)with respect to all transfers of any interest in silver bullion on or after May 15, 1934, and prior to the enactment of the Silver Purchase Act of 1934, except that in such cases it shall be paid by the transferor in such manner and at such time as the Commissioner, with the approval of the Secretary of the Treasury, may by regulations prescribe, and the requirement of a memorandum of such transfer shall not apply. “As used in this subdivision— Terms construed. “Cost.” “The term ‘cost’ means the cost of the interest in silver bullion to the transferor, except that
(a)in case of silver bullion produced from materials containing silver which has not previously entered into industrial, commercial, or monetary use, the cost to a transferor who is the producer shall be deemed to be the market price at the time of production determined in accordance with regulations issued hereunder;
(b)in the case of an interest in silver bullion acquired by the transferor otherwise than for valuable consideration, the cost shall be deemed to be the cost thereof to the last previous transferor by whom it was acquired for a valuable consideration; and
(c)in the case of any interest in silver bullion acquired by the transferor (after April 15, 1934) in a wash sale, the cost shall be deemed to be the cost to him of the interest transferred by him in such wash sale, but with proper adjustment, in accordance with regulations under this subdivision, when such interests are in silver bullion for delivery at different times. “Transfer.” “The term ‘transfer’ means a sale, agreement of sale, agreement to sell, memorandum of sale or delivery of, or transfer, whether made by assignment in blank or by any delivery, or by any paper or agreement or memorandum or any other evidence of transfer or sale; or means to make a transfer as so defined. 1181 “The term ‘interest in silver bullion’ means any title or claim to,“Interest in silver bullion.” or interest in, any silver bullion or contract therefor. “The term ‘allowed expenses’ means usual and necessary“Allowed expenses.” expenses actually incurred in holding, processing, or transporting the interest in silver bullion as to which an interest is transferred (including storage, insurance, and transportation charges but not including interest, taxes, or charges in the nature of overhead), determined in accordance with regulations issued hereunder. “The term ‘memorandum’ means a bill, memorandum, agreement,“Memorandum.” or other evidence of a transfer. “The term ‘wash sale’ means a transaction involving the transfer“Wash sale.” of an interest in silver bullion and, within thirty days before or after such transfer, the acquisition by the same person of an interest in silver bullion. Only so much of the interest so acquired as does not exceed the interest so transferred, and only so much of the interest so transferred as does not exceed the interest so acquired, shall be deemed to be included in the wash sale. “The term ‘silver bullion’ means silver which has been melted,“Silver bullion.” smelted, or refined and is in such state or condition that its value depends primarily upon the silver content and not upon its form.” " Sec. 9. The Secretary of the Treasury is hereby authorized toRules and regulations to be prescribed. issue, with the approval of the President, such rules and regulations as the Secretary of the Treasury may deem necessary or proper to carry out the purposes of this Act, or of any order issued hereunder. Sec. 10. As used in this Act— Terms construed The term “person” means an individual, partnership, association,“Person.” or corporation; The term “the continental United States” means the States of the“Continental UnitedStates.” United States, the District of Columbia, and the Territory of Alaska; The term “monetary value” means a value calculated on the“Monetary value.” basis of $1 for an amount of silver or gold equal to the amount at the time contained in the standard silver dollar and the gold dollar, respectively; The term “stocks of silver” means the total amount of silver at“Stocks of silver.” the time owned by the United States (whether or not held as security for outstanding currency of the United States) and of silver contained in coins of the United States at the time outstanding; The term “stocks of gold” means the total amount of gold at the“Stocks of gold.” time owned by the United States, whether or not held as a reserve or as security for any outstanding currency of the United States. Sec. 11. There is authorized to be appropriated, out of any moneyAppropriation authorized.*Ante*, p. 1060. in the Treasury not otherwise appropriated, the sum of $500,000, which shall be available for expenditure under the direction of the President and in his discretion, for any purpose in connection with the carrying out of this Act; and there are hereby authorized to be appropriated annually such additional sums as may be necessary for such purposes. Sec. 12. The right to alter, amend, or repeal this Act is herebyRights reserved.Saving provisions. expressly reserved. If any provision of this Act, or the application thereof to any person or circumstances, 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. 13. All Acts and parts of Acts inconsistent with any of theInconsistent laws repealed. provisions of this Act are hereby repealed, but the authority confer red in this Act upon the President and the Secretary of the Treasury is declared to be supplemental to the authority heretofore conferred. Approved, June 19, 1934, 9 p.m. To provide for the expenses of delegates of the United States to the Ninth Pan American Sanitary Conference. 1934-06-19 675 Chapter 48 Stat. 1182 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 1182 [CHAPTER 675.] JOINT RESOLUTION To provide for the expenses of delegates of the United States to the Ninth Pan American Sanitary Conference.June 19, 1934.[[S.J. Res. 59.](/us/bill/73/sjres/59)][[Pub. Res., No. 42.](/us/bill/7/pubres/42)] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,Ninth Pan American Sanitary Conference.Amount lor delegates, authorized. That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $3,000, or so much thereof as may be necessary, for the expenses of three delegates of the United States, to be appointed by the President, to the Ninth Pan American Sanitary Conference to be held in 1933 or 1934, at Buenos Aires, Argentina, or at such time and Expenses.place as may be determined hereafter. The expenses herein provided for shall include the compensation of employees, travel, subsistence, or per diem in lieu of subsistence (notwithstanding the provisions of any other Act), and such miscellaneous and other expenses as the President shall deem proper, to be expended under the direction of the Secretary of State. Approved, June 19, 1934. Providing for membership of the United States in the International Labor Organization. 1934-06-19 676 Chapter 48 Stat. 1182 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 676.] JOINT RESOLUTION Providing for membership of the United States in the International Labor Organization.June 19, 1934.[[S.J. Res. 131.](/us/bill/73/sjres/131)][[Pub. Res., No. 43.](/us/pl/73/43)] International Labor Organization.Preamble. Whereas progress toward the solution of the problems of international competition in industry can be made through international action concerning the welfare of wage earners; and Whereas the failure of a nation to establish humane conditions of labor is an obstacle in the way of other nations which desire to maintain and improve the conditions in their own countries; and Whereas the United States early recognized the desirability of international cooperation in matters pertaining to labor and took part in 1900 in establishing, and for many years thereafter supported, the International Association for Labor Legislation; and Whereas the International Labor Organization has advanced the welfare of labor throughout the world through recommendations, conferences, and conventions concerning conditions of labor; and Whereas other nations have joined the International Labor Organization without being members of the League of Nations; and Whereas special provision has been made in the constitution of the International Labor Organization by which membership of the United States would not impose or be deemed to impose any obligation or agreement upon the United States to accept the proposals of that body as involving anything more than recommendations for its consideration: Therefore be it *Resolved by the Senate and House of Representatives of the President authorized to accept membership therein.United States of America in Congress assembled,* That the President is hereby authorized to accept membership for the Government of the United States of America in the International Labor Organization, which, through its general conference of representatives of its members and through its International Labor Office, collects information concerning labor throughout the world and prepares international conventions for the consideration of member governments with a view to improving conditions of labor. 1183 Sec. 2. That in accepting such membership the President shallNo obligation assumed under covenant of League of Nations. assume on behalf of the United States no obligation under the covenant of the League of Nations. Approved, June 19, 1934. To effectuate further the policy of the National Industrial Recovery Act. 1934-06-19 677 Chapter 48 Stat. 1183 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 677.] JOINT RESOLUTION To effectuate further the policy of the National Industrial Recovery Act.June 19, 1934.[[H.J. Res. 375.](/us/bill/73/hjres/375)][[Pub. Res., No. 44.](/us/pl/73/44)] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That in order toNational industrial labor boards.Establishment. further effectuate the policy of title I of the National Industrial Recovery Act, and in the exercise of the powers therein and herein conferred, the President is authorized to establish a board or boards authorized and directed to investigate issues, facts, practices, or*Ante*, pp. 195, 198. activities of employers or employees in any controversies arising under section 7a of said Act or which are burdening or obstructing, or threatening to burden or obstruct, the free flow of interstate commerce, the salaries, compensation and expenses of the board or boards and necessary employees being paid as provided in section 2 of the National Industrial Recovery Act. Sec. 2. Any board so established is hereby empowered, when itPowers. shall appear in the public interest, to order and conduct an election by a secret ballot of any of the employees of any employer, to determine by what person or persons or organization they desire to be represented in order to insure the right of employees to organize and. to select their representatives for the purpose of collective bargaining as defined in section 7a of said Act and now incorporated herein. For the purposes of such election such a board shall have the To order production of witnesses, records, etc.authority to order the production of such pertinent documents or the appearance of such witnesses to give testimony under oath, as it may deem necessary to carry out the provisions of this resolution. Any order issued by such a board under the authority of this sectionEnforcement of Board’s order. may, upon application of such board or upon petition of the person or persons to whom such order is directed, be enforced or reviewed, as the, case may be, in the same manner, so far as applicable, as is provided in the case of an order of the Federal Trade Commission under the Federal Trade Commission Act. Sec. 3. Any such board, with the approval of the President, mayRegulations with reference to investigations. prescribe such rules and regulations as it deems necessary to carry out the provisions of this resolution with reference to the investigations authorized in section 1, and to assure freedom from coercion in respect to all elections. Sec. 4. Any person who shall knowingly violate any rule or regulationPenalty provision. authorized under section 3 of this resolution or impede or interfere with any member or agent of any board established under this resolution in the performance of his duties, shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than one year, or both. Sec. 5. This resolution shall cease to be in effect, and any boardDuration. or boards established hereunder shall cease to exist, on June 16, 1935, or sooner if the President shall by proclamation or the Congress shall by joint resolution declare that the emergency recognized by section 1 of the National Industrial Recovery Act has ended. Sec. 6. Nothing in this resolution shall prevent or impedeRight to strike not abridged. or diminish in any way the right of employees to strike or engage in other concerted activities. Approved, June 19, 1934. To amend an Act entitled “An Act to place the cotton industry on a sound commercial basis, to prevent unfair competition and practices in putting cotton into the channels of interstate and foreign commerce, to provide funds for paying additional benefits under the Agricultural Adjustment Act, and for other purposes” (Public, Numbered 169, Seventy-third Congress), approved April 21, 1934. 1934-06-20 687 Chapter 48 Stat. 1184 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 1184 [CHAPTER 687.] JOINT RESOLUTION To amend an Act entitled “An Act to place the cotton industry on a sound commercial basis, to prevent unfair competition and practices in putting cotton into the channels of interstate and foreign commerce, to provide funds for paying additional benefits under the Agricultural Adjustment Act, and for other purposes” (Public, Numbered 169, Seventy-third Congress), approved April 21, 1934.June 20, 1934.[[S.J Res. 138.](/us/bill/73/sjres/138)][[Pub. Res., No. 45.](/us/bill/7/pubres/45)] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,Cotton control Act amended.*Ante*, p. 607. That the Act entitled “An Act to place the cotton industry on a sound financial basis, to prevent unfair competition and practices in putting cotton into the channels of interstate and foreign commerce, to provide funds for paying additional benefits under the Agricultural Adjustment Act, and for other purposes ” (Public, Numbered 169, Seventy-third Congress), approved April 21, 1934, is hereby amended by adding at the end thereof the following new section: " “Sec. 25. Tax-exemption certificates; issue.
(a)No tax-exemption certificates shall be issued to any person not engaged in production of cotton in the crop year during which such certificates are issued. “(b) Surplus cotton; allotments. Whenever after apportionment under sections 7 and 8 any surplus number of bales remain of the amount allotted to any county under section 5
(b)such surplus bales shall be allotted, in such quantities as the Secretary of Agriculture determines, to such other counties within the State as the Secretary of Agriculture determines have an insufficient allotment. Said bales shall be apportioned, pursuant to sections 7 and 8, within the respective counties to which allotted, but in no case shall any farm receive any of such allotment so as to receive a total allotment in excess of its estimated production for the crop year in which such allotment is made. “(c) Method of computation. In computing the production of any State pursuant to section 5
(a)the total production of cotton for such State in the five-year period, 1928–1932, inclusive, shall be used regardless of the length of staple of such production.” " Approved, June 20, 1934. To authorize the acquisition by the United States of the land upon which the Seneca Indian School, Wyandotte, Oklahoma, is located. 1934-06-21 688 Chapter 48 Stat. 1184 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 688.] AN ACT To authorize the acquisition by the United States of the land upon which the Seneca Indian School, Wyandotte, Oklahoma, is located.June 21, 1934.[[S. 555.](/us/bill/73/s/555)][[Public, No. 439.](/us/pl/73/439)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Seneca Indian School, Wyandotte. Okla,Acquisition of the land of, authorized. That the Secretary of the Interior be, and he is hereby, authorized to acquire for Indian school purposes, the east half southwest quarter, southeast quarter northwest quarter, east half northwest quarter and west half southwest quarter southeast quarter section 21, township 27 north, range 24 east, Indian meridian, Oklahoma. Sec. 2. Appropriation authorized. In order to carry out the provisions of section 1 hereof there is hereby authorized to be appropriated, out of any money in the Treasury of the United States not otherwise appropriated, the sum of $10,000, which said sum when so appropriated and placed in the Treasury of the United States to the credit of the Wyandotte Credited to Wyandotte Tribe.Tribe of Indians, shall operate as a full, complete, and perfect extinguishment of all their right, title, and interest in and to the Disbursed by Congressional authority.lands above described and which sum shall be subject to disbursement under congressional authority for the benefit of the Wyandotte Tribe. Approved, June 21, 1934. Authorizing the Secretary of the Interior to issue patents to the numbered school sections in place, granted to the States by the Act approved February 22, 1889, by the Act approved January 25, 1927 (44 Stat. 1026), and by any other Act of Congress. 1934-06-21 689 Chapter 48 Stat. 1185 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 1185 [CHAPTER 689.] AN ACT Authorizing the Secretary of the Interior to issue patents to the numbered school sections in place, granted to the States by the Act approved February 22, 1889, by the Act approved January 25, 1927 (44 Stat. 1026), and by any other Act of Congress.June 21, 1934.[[S. 1825.](/us/bill/73/s/1825)][[Public, No. 440.](/us/pl/73/440)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the SecretaryPublic lands.Patents to Issue to numbered school sections in place, upon application by a State.Vol. 25, p. 676; Vol. 44, p. 1026; Vol. 47, p. 110. of the Interior shall upon the application by a State cause patents to be issued to the numbered school sections in place, granted for the support of common schools by the Act approved February 22, 1889, by the Act approved January 25, 1927 (44 Stat. 1026), and by any other Act of Congress, that have been surveyed, or may hereafter be surveyed, and to which title has vested or may hereafter vest in the grantee States, and which have not been reconveyedGrant to give evidence of title and prior limitation, easements, etc. to the United States or exchanged with the United States for other lands. Such patents shall show the date when title vested in the State and the extent to which the lands are subject to prior conditions, limitations, easements, or rights, if any. In all inquiries as to the character of the land for which patent is sought the fact shall be determined as of the date when the State’s title attached. Approved, June 21, 1934. To restore homestead rights in certain cases. 1934-06-21 690 Chapter 48 Stat. 1185 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 690.] AN ACT To restore homestead rights in certain cases.June 21, 1934.[[S. 2987.](/us/bill/73/s/2987)][[Public, No. 441.](/us/pl/73/441)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That hereafter anyPublic lands.Second homestead entry allowed if former within Indian ceded lands. person who has heretofore made entry under the homestead laws on any lands embraced within any reservation ceded to the United States by the Indian tribes, and has paid for his land the sum of at least $1.25 per acre, shall, upon proof of such facts, if otherwise qualified, be entitled to the benefit of the homestead law as though such former entry had not been made; but the provisions of thisNot applicable if former entry unpaid or was canceled for fraud. Act shall not apply to any person who has failed to pay the full price for his former entry or whose former entry was canceled for fraud: *Provided,* That, in making any new homestead entry as authorized*Proviso*.Land to which Indian title not fully extinguished excluded.Vol. 39, p. 926; Vol. 43, p. 981. by this Act or the prior similar Acts of February 20, 1917 (39 Stat. 926), and February 25, 1925 ( 43 Stat. 981), such entry shall not include any land to which the Indian title shall not have been fully extinguished. Approved, June 21, 1934. To amend the Railway Labor Act approved May 20, 1926, and to provide for the prompt disposition of disputes between carriers and their employees. 1934-06-21 691 Chapter 48 Stat. 1185 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 691.] AN ACT To amend the Railway Labor Act approved May 20, 1926, and to provide for the prompt disposition of disputes between carriers and their employees.June 21, 1934.[[H. R. 9861.](/us/bill/73/hr/9861)][[Public. No. 442.](/us/pl/73/422)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section 1 of Railway Labor Act.Vol. 44, p. 577.the Railway Labor Act is amended to read as follows: " “definitionsDefinitions. “Section 1. When used in this Act and for the purposes of this Act— “First. The term ‘carrier’ includes any express company, sleeping-car “Carrier.”company, carrier by railroad, subject to the Interstate Commerce Act, and any company which is directly or indirectly owned1186 or controlled by or under common control with any carrier by railroad and which operates any equipment or facilities or performs any service (other than trucking service) in connection with the transportation, receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, and handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the business of any such ‘carrier’:*Proviso*.Street railways excluded.Exception. *Provided, however,* That the term ‘carrier’ shall not include any street, interurban, or suburban electric railway, unless such railway is operating as a part of a general steam-railroad system of transportation, but shall not exclude any part of the general steam-railroad system of transportation now or hereafter operated by any other Interstate Commerce Commission to determine, when requested.motive power. The Interstate Commerce Commission is hereby authorized and directed upon request of the Mediation Board or upon complaint of any party interested to determine after hearing whether any line operated by electric power falls within the terms of this proviso. “Second. “Adjustment Board” The term ‘Adjustment Board’ means the National Railroad Adjustment Board created by this Act. “Third. “Mediation Board.” The term ‘Mediation Board’ means the National Mediation Board created by this Act. “Fourth. “Commerce.” The term ‘commerce’ means commerce among the several States or between any State, Territory, or the District of Columbia and any foreign nation, or between any Territory or the District of Columbia and any State, or between any Territory and any other Territory, or between any Territory and the District of Columbia, or within any Territory or the District of Columbia, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign nation. “Fifth. “Employee.” The term ‘employee’ as used herein includes every person in the service of a carrier (subject to its continuing authority to supervise and direct the manner or rendition of his service) who performs any work defined as that of an employee or subordinate official in the orders of the Interstate Commerce Commission now in effect, and as the same may be amended or interpreted by orders hereafter entered by the Commission pursuant to the authority which is hereby conferred upon it to enter orders amending or interpreting such existing orders: *Provided, however,* That no occupational*Proviso*.Employee organizations not limited. classification made by order of the Interstate Commerce Commission shall be construed to define the crafts according to which railway employees may be organized by their voluntary action, nor shall the jurisdiction or powers of such employee organizations be regarded as in any way limited or defined by the provisions of this Act or by the orders of the Commission. “Sixth. “Representative.” The term ‘representative’ means any person or persons, labor union, organization, or corporation designated either by a carrier or group of carriers or by its or their employees, to act for it or them. “Seventh. “District court.“ The term ‘district court’ includes the Supreme Court “Circuit court of appeals”, includes Court of Appeals, District of Columbia.Citation of Act.of the District of Columbia; and the term ‘circuit court of appeals’ includes the Court of Appeals of the District of Columbia.Amendments. “This Act may be cited as the ‘Railway Labor Act’.” " Sec. 2. Section 2 of the Railway Labor Act is amended to read as follows: " “general purposesGeneral Purposes. “Sec. 2. To avoid interruption to commerce and to operation of carrier. The purposes of the Act are:
(1)To avoid any interruption to commerce or to the operation of any carrier engaged therein;1187
(2)to forbid any limitation upon freedom of association among Freedom of association of employees to join labor organization.Complete independence of self organization.employees or any denial, as a condition of employment or otherwise, of the right of employees to join a labor organization;
(3)to provide for the complete independence of carriers and of employees in the matter of self-organization to carry out the purposes of this Act;
(4)to provide for the prompt and orderly settlement of all Settlement of disputes.disputes concerning rates of pay, rules, or working conditions;
(5)to provide for the prompt and orderly settlement of all disputes growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions. “general dutiesGeneral duties. “First. It shall be the duty of all carriers, their officers, agents,Agreements by carriers and employees concerning pay, working conditions, etc. and employees to exert every reasonable effort to make and maintain agreements concerning rates of pay, rules, and working conditions, and to settle all disputes, whether arising out of the application of such agreements or otherwise, in order to avoid any interruption to commerce or to the operation of any carrier growing out of any dispute between the carrier and the employees thereof. “Second. All disputes between a carrier or carriers and its or Conferences to speedily consider, etc., disputes.their employees shall be considered, and, if possible, decided, with all expedition, in conference between representatives designated and authorized so to confer, respectively, by the carrier or carrier’s and by the employees thereof interested in the dispute. “Third. Representatives, for the purposes of this Act, shall be Representatives.Designation of.designated by the respective parties without interference, influence, or coercion by either party over the. designation of representatives by the other; and neither party shall in any way interfere with, influence, or coerce the other in its choice of representatives. Representatives of employees for the purposes of this Act need not be persons in the employ of the carrier, and no carrier shall, by interference, influence, or coercion seek in any manner to prevent the designation by its employees as their representatives of those who or which are not employees of the carrier. “Fourth. Employees shall have the right to organize and bargain Rights of employees.collectively through representatives of their own choosing. The majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft or class for the purposes of this Act. No carrier, its officers or agents, shall Interference by carrier unlawful.deny or in any way question the right of its employees to join, organize, or assist in organizing the labor organization of their choice, and it shall be unlawful for any carrier to interfere in any way with the organization of its employees, or to use the funds of the carrier in maintaining or assisting or contributing to any labor organization, labor representative, or other agency of collective bar-gaining, or in performing any work therefor, or to influence or coerce employees in an effort to induce them to join or remain or not to join or remain members of any labor organization, or to deduct from the wages of employees any dues, fees, assessments, or other contributions payable to labor organizations, or to collect or to assist in the collection of any such dues, fees, assessments, or other contributions: *Provided,* That nothing in this Act shall be construed *Proviso*.Management-employee conferences.to prohibit a carrier from permitting an employee, individually, or local representatives of employees from conferring with management during working hours without loss of time, or to prohibit a carrier from furnishing free transportation to its employees while engaged in the business of a labor organization. 1188 “Fifth. Agreements restricting prospective employee’s right to affiliate with labor organization. No carrier, its officers, or agents shall require any person seeking employment to sign any contract or agreement promising to join or not to join a labor organization; and if any such contract has been enforced prior to the effective date of this Act, then such carrier shall notify the employees by an appropriate order that such contract has been discarded and is no longer binding on them in any way. “Sixth. Carrier-employee disputes. In case of a dispute between a carrier or carriera and its or their employees, arising ont of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions, it shall be the fluty of the designated representativeConferences. or representatives of such carrier or carriers and of such employees, within ten days after the receipt of notice of a. desire on the part of either party to confer in respect to such dispute, to specify a time and place at which such conference shall be held:*Provisos*.Place. *Provided,*
(1)That the place so specified shall be situated upon the line of the carrier involved or as otherwise mutually agreed upon; Time limit.and
(2)that the time so specified shall allow the designated conferees reasonable opportunity to reach such place of conference, but shall not exceed twenty days from the receipt of such notice: *And provided further,*Agreements in effect not superseded. That nothing in this Act shall be construed to supersede the provisions of any agreement (as to conferences) then in effect between the parties. “Seventh. Rates of employees’ pay, etc. No carrier, its officers or agents shall change the rates of pay, rules, or working conditions of its employees, as a class as embodied in agreements except in the manner prescribed in such agreements or in section 6 of this Act. “Eighth. Printed notices to be posted concerning handling of disputes. Every carrier shall notify its employees by printed notices in such form and posted at such times and places as shall be specified by the Mediation Board that all disputes between the carrier and ite employees will be handled in accordance with the requirements of this Act, and in such notices there shall be printed verbatim, in large type, the third, fourth, and fifth paragraphs Embodying provisions in contracts.of this section. The provisions of said paragraphs are hereby made a part of the contract of employment between the carrier and each employee, and shall be held binding upon the parties, regardless of any other express or implied agreements betweeen them. “Ninth. Mediation Board.Investigation of dispute. If any dispute shall arise among a carrier’s employees as to who are the representatives of such employees designated and authorized in accordance with the requirements of this Act, it shall be the duty of the Mediation Board, upon request of either party to Names of representatives to be certified. the dispute, to investigate such dispute and to certify to both parties, in writing, within thirty days after the receipt of the invocation of the services, the name or names of the individuals or organizations that have been designated and authorized to represent the employees involved in the dispute, and certify the same to the carrier. Upon receipt of such certification the carrier shall treat with the representative so certified as the representative of the craft or class forElection of representatives. the purposes of this Act. In such an investigation, the Mediation Board shall be authorized to take a secret ballot of the employees involved, or to utilize any other appropriate method of ascertaining the names of their duly designated and authorized representatives in such manner as shall insure the choice of representatives by the employees without interference, influence, or coercion exercised by Rules.the carrier. In the conduct of any election for the purposes herein indicated the Board shall designate who may participate in the election and establish the indes to govern the election, or may appoint a committee of three neutral persons who after hearing shall1189 within ten days designate the employees who may participate in the election. The Board shall have access to and have power to make Board to have access to carriers records, etc.copies of the books and records of the carriers to obtain and utilize such information as may be deemed necessary by it to carry out the purposes and provisions of this paragraph. “Tenth. The willful failure or refusal of any carrier, its officers Penalty provisions.or agents to comply with the terms of the third, fourth, fifth, seventh, or eighth paragraph of this section shall be a misdemeanor, and upon conviction thereof the carrier, officer, or agent offending shall be subject to a fine of not less than $1,000 nor more than $20,000 or imprisonment for not more than six months, or both fine and imprisonment, for each offense, and each day during which such carrier, officer, or agent shall willfully fail or refuse to comply with the terms of the said paragraphs of this section shall constitute a separate offense. It Enforcement proceedings.shall be the duty of any district attorney of the United States to whom any duly designated representative of a carrier’s employees 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 prosecution shall be paid out of the appropriation for the expenses of the courts of the United States: *Provided,* That *Proviso*.Labor without consent forbidden.nothing in this Act shall be construed to require an individual employee to render labor or service without his consent, nor shall anything in this Act be construed to make the quitting of his labor Quitting not an illegal set.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.” " Sec. 3. Section 3 of the Railway Labor Act is amended to read as Vol. 44, p. 578.follows: " “national board of adjustment—grievances of agreementsNational Board of Adjustment. “Sec. 3. First. There is hereby established a Board, to be known Establishment.as the ‘National Railroad Adjustment Board’, the members of which shall be selected within thirty days after approval of this Act, and it is hereby provided— “(a) That the said Adjustment Board shall consist of thirty-six Composition; division of membership.members, eighteen of whom shall be selected by the carriers and eighteen by such labor organizations of the employees, national in scope, as have been or may be organized in accordance with the provisions of section 2 of this Act. “(b) The carriers, acting each through its board of directors or Manner of selecting carriers representative.its receiver or receivers, trustee or trustees or through an officer or officers designated for that purpose by such board, trustee or trustees or receiver or receivers, shall prescribe the rules under which its representatives shall be selected and shall select the representatives of the carriers on the Adjustment Board and designate the division on which each such representative shall serve, but no carrier or system of carriers shall have more than one representative on any division of the Board. “(c) The national labor organizations, as defined in paragraph Method for selecting labor members of Board.(a) of this section, acting each through the chief executive or other medium designated by the organization or association thereof, shall prescribe the rules under which the labor members of the Adjustment Board shall be selected and shall select such members and designate the division on which each member shall serve; but no Limitation.labor organization shall have more than one representative on any division of the Board. 1190 “(d) Filling vacancies. In case of a permanent or temporary vacancy on the Adjustment Board, the vacancy shall be filled by selection in the same manner as in the original selection. “(e) Mediation Board to select representative if none provided. If either the carriers or the labor organizations of the employees fail to select and designate representatives to the Adjustment Board, as provided in paragraphs
(b)and
(c)of this section, respectively, within sixty days after the passage of this Act, in case of any original appointment to office of a member of the Adjustment Board, or in case of a vacancy in any such office within thirty days after such vacancy occurs, the Mediation Board shall thereupon directly make the appointment and shall select an individual associated in interest with the carriers or the group of labor organizations of employees, whichever he is to represent. “(f) Labor organization representation. In the event a dispute arises as to the right of any national labor organization to participate as per paragraph
(c)of this section in the selection and designation of the labor members of the Adjustment Board, the Secretary of Labor shall investigate the claim of such labor organization to participate, and if such claim in the judgment of the Secretary of Labor has merit, the Secretary shall notify the Mediation Board accordingly, and within ten days after receipt of such advice the Mediation Board shall request those national labor organizations duly qualified as per paragraph
(c)of this section to participate in the selection and designation of the labor members of the Adjustment Board to select a representative. Selection of investigation board.Such representative, together with a representative likewise designated by the claimant, and a third or neutral party designated by the Mediation Board, constituting a board of three, shall within thirty days after the appointment of the neutral member, investigate the claims of the labor organization desiring participation and decide whether or not it was organized in accordance with section 2 Findings final.hereof and is otherwise properly qualified to participate in the selection of the labor members of the Adjustment Board, and the findings of such boards of three shall be final and binding.
(g)Compensation. Each member of the Adjustment Board shall be compensated by the party or parties he is to represent. Each third or neutral party selected under the provisions of
(f)of this section shall receive from the Mediation Board such compensation as the Traveling and subsistence.Mediation Board may fix, together with his necessary traveling expenses and expenses actually incurred for subsistence, or per diem allowance in lieu thereof, subject to the provisions of law applicable thereto, while serving as such third or neutral party. “(h) Adjustment Board. The said Adjustment Board shall be composed of four Divisions and function.divisions, whose proceedings shall be independent of one another, and the said divisions as well as the number of their members shall be as follows: “First division: First division.Jurisdiction over disputes involving train, engine, and yard service. To have jurisdiction over disputes involving train- and yard-service employees of carriere; that is, engineers, firemen, hostlers, and outside hostler helpers, conductors, trainmen, and yard-service employees. This division shall consist of ten members, five of whom shall be selected and designated by the carriers and five of whom shall be selected and designated by the national labor organizations of the employees. “Second division: Second division.Specified mechanical forces. To have jurisdiction over disputes involving machinists, boilermakers, blacksmiths, sheet-metal workers, electrical workers, car men, the helpers and apprentices of all the foregoing, coach cleaners, power-house employees, and railroad-shop laborers. This division shall consist of ten members, five of whom shall be selected by the carriere and five by the national labor organizations of the employees. 1191 “Third division: To have jurisdiction over disputes involving Third division.Miscellaneous groups.station, tower, and telegraph employees, train dispatchers, maintenance-of-way men, clerical employees, freight handlers, express, station, and store employees, signal men, sleepingcar conductors, sleepingcar porters, and maids and dining car employees. This division shall consist of ten members, five of whom shall be selected by the carriers and five by the national labor organizations of employees. “Fourth division: To have jurisdiction over disputes involving Fourth division.Marine equipment group.employees of carriers directly or indirectly engaged in transportation of passengers or property by water, and all other employees of carriers over which jurisdiction is not given to the first, second, and third divisions. This division shall consist of six members, three of whom shall be selected by the carriers and three by the national labor organizations of the employees. “(i) The disputes between an employee or group of employees Reference of disputes to Board.and a carrier or carriers growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions, including cases pending and unadjusted on the date of approval of this Act, shall be handled in the usual manner up to and including the chief operating officer of the carrier designated to handle such disputes; but, failing to reach an adjustment in this manner, the disputes may be referred by petition of the parties or by either party to the appropriate division of the Adjustment Board with a full statement of the facts and all supporting data bearing upon the disputes. “(j) Parties may be heard either in person, by counsel, or by other Hearings authorized.representatives, as they may respectively elect, and the several divisions of the Adjustment Board shall give due notice of all hearings to the employee or employees and the carrier or carriers involved in any disputes submitted to them. “(k) Any division of the Adjustment Board shall have authority Delegation of authority.to empower two or more of its members to conduct hearings and make findings upon disputes, when properly submitted, at any place designated by the division: *Provided, however,* That final awards *Proviso*.Final awards.as to any such dispute must be made by the entire division as hereinafter provided. “(l) Upon failure of any division to agree upon an award because Awards.“Referee” authorized, to act with division, upon failure to agree upon.of a deadlock or inability to secure a majority vote of the division members, as provided in paragraph
(n)of this section, then such division shall forthwith agree upon and select a neutral person, to be known as ‘referee’, to sit with the division as a member thereof and make an award. Should the division fail to agree upon If division fails to choose, referee to be named by Mediation Board.and select a referee within ten days of the date of the deadlock or inability to secure a majority vote, then the division, or any member thereof, or the parties or either party to the dispute may certify that fact to the Mediation Board, which Board shall, within ten days from the date of receiving such certificate, select and name the referee to sit with the division as a member thereof and make an award. The Mediation Board shall be bound by the same provisions in the Appointment to be neutral.appointment of these neutral referees as are provided elsewhere in this Act for the appointment of arbitrators and shall fix and pay the compensation of such referees. “(m) The awards of the several divisions of the AdjustmentAwards to be in writing. Board shall be stated in writing. A copy of the awards shall be furnished to the respective parties to the controversy, and the awards Copies to be furnished contestants; decision final.shall be final and binding upon both parties to the dispute, except insofar as they shall contain a money award. In case a dispute1192Interpretation to be made, on request.arises involving an interpretation of the award the division of the Board upon request of either party shall interpret the award in the light of the dispute. “(n) Majority vote competent to making award. A majority vote of all members of the division of the Adjustment Board shall be competent to make an award with respect to any dispute submitted to it. “(o) Execution of award. In case of an award by any division of the Adjustment Board in favor of petitioner, the division of the Board shall make an order, directed to the carrier, to make the award effective and, if the award includes a requirement for the payment of money, to pay to the employee the sum to which he is entitled under the award on or before a day named. “(p) Suit in district courts allowed, where carrier fails to comply with Board’s order. If a carrier does not comply with an order of a division of the Adjustment Board within the time limit in such order, the petitioner, or any person for whose benefit such order was made, may file in the District Court of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the carrier operates, a petition setting forth briefly the causes for which he claims relief, and the order of the division of the Adjustment Board in the premises. Procedure.Such suit in the District Court of the United States shall proceed in all respects as other civil suits, except that on the trial of such suit the findings and order of the division of the Adjustment Board shall be prima facie evidence of the facts therein stated, and except Paying court costs.that the petitioner shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings, unless they accrue upon his appeal, and such costs shall be paid out of the appropriation for the expenses of the courts of the United States. Attorney’s fee allowed petitioner if he prevails.Powers of enforcement.If the petitioner shall finally prevail he shall be allowed a reasonable attorney’s fee, to be taxed and collected as a part of the costs of the suit. The district courts are empowered, under the rules of the court governing actions at law, to make such order and enter such judgment, by writ of mandamus or otherwise, as may be appropriate to enforce or set aside the order of the division of the Adjustment Board. “(q) Commencement of actions at law. All actions at law based upon the provisions of this section shall be begun within two years from the time the cause of action accrues under the award of the division of the Adjustment Board, and not after. “(r) Headquarters of divisions of Board. The several divisions of the Adjustment Board shall maintain headquarters in Chicago, Illinois, meet regularly, and continue in session so long as there is pending before the division any matter within its jurisdiction which has been submitted for its consideration and which has not been disposed of. “(s) Quarters in Federal building, when practicable. Whenever practicable, the several divisions or subdivisions of the Adjustment Board shall be supplied with suitable quarters in any Federal building located at its place of meeting. “(t) Employees, etc. The Adjustment Board may, subject to the approval of the Mediation Board, employ and fix the compensations of such Compensation.assistants as it deems necessary in carrying on its proceedings. The compensation of such employees shall be paid by the Mediation Board. “(u) Meeting, organization, etc., of Adjustment Board. The Adjustment Board shall meet within forty days after the approval of this Act and adopt such rules as it deems necessary to control proceedings before the respective divisions and not in conflict with the provisions of this section. Immediately following the meeting of the entire Board and the adoption of such rules, the respective divisions shall meet and organize by the selection of a Each division to select chairman, etc.chairman, a vice chairman, and a secretary. Thereafter each division shall annually designate one of its members to act as chairman1193 and one of its members to act as vice chairman: *Provided, however,**Proviso*Alternating chairmanships.That the chairmanship and vice-chairmanship of any division shall alternate as between the groups, so that both the chairmanship and vice chairmanship shall be held alternately by a representative of the carriers and a representative of the employees. In case of a vacancy,Filling vacancies. such vacancy shall be filled for the unexpired term by the selection of a successor from the same group. “(v) Each division of the Adjustment Board shall annually Each division to report annually to Board.prepare and submit a report of its activities to the Mediation Board, and the substance of such report shall be included in the annual report of the Mediation Board to the Contents.Congress of the United States. The reports of each division of the Adjustment Board and the annual report of the Mediation Board shall state in detail all cases heard, all actions taken, the names, salaries, and duties of all agencies, employees, and officers receiving compensation from the United States under the authority of this Act, and an account of all moneys appropriated by Congress pursuant to the authority conferred by this Act and disbursed by such agencies, employees, and officers. “(w) Any division of the Adjustment Board shall have authority, Establishing subordinate boards permitted.in its discretion, to establish regional adjustment boards to act in its place and stead for such limited period as such division may determine to be necessary. Carrier members of such regional boards shall be designated in keeping with rules devised, for this purpose by the carrier members of the Adjustment Board and the labor members shall be designated in keeping with rules devised for this purpose by the labor members of the Adjustment Board. Any such Authority conferred.regional board shall, during the time for which it is appointed, have the same authority to conduct hearings, make findings upon disputes and adopt the same procedure as the division of the Adjustment Board appointing it, and its decisions shall be enforceable to the same extent and under the same processes. A neutral person,Referee may be appointed. as referee, shall be appointed for service in connection with any such regional adjustment board in the same circumstances and manner as provided in paragraph
(l)hereof, with respect to a division of the Adjustment Board. “Second. Nothing in this section shall be construed to prevent any Individual agreements not prohibited.individual carrier, system, or group of carriers and any class or classes of its or their employees, all acting through their representatives, selected in accordance with the provisions of this Act, from mutually agreeing to the establishment of system, group, or regional boards of adjustment for the purpose of adjusting and deciding disputes of the character specified in this section. In the event that In event of dissatisfaction. either party may elect to come under Board’s jurisdiction.either party to such a system, group, or regional board of adjustment is dissatisfied with such arrangement, it may upon ninety days’ notice to the other party elect to come under the jurisdiction of the Adjustment Board.” " Section 4 of the Railway Labor Act is amended to read as follows: Vol. 47, p. 579. " “National mediation boardNational Mediation Board. “Sec. 4. First. The Board of Mediation is hereby abolished, effective Board of Mediation abolished.thirty days from the approval of this Act and the members, secretary, officers, assistants, employees, and agents thereof, in office upon the date of the approval of this Act, shall continue to function and receive their salaries for a period of thirty days from such date in the same manner as though this Act had not been passed. There National Mediation Board established as an independent executive agency.is hereby established, as an independent agency in the executive branch of the Government, a board to be known as the ‘National1194Composition and appointment thereon. Mediation Board to be composed of three members appointed by the President, by and with the advice and consent of the Senate, not more than two of whom shall be of the same political party. The Terms of first appointees.terms of office of the members first appointed shall begin as soon as the members shall qualify, but not before thirty days after the approval of this Act, and expire, as designated by the President at the time of nomination, one on February 1, 1935, one on February 1, 1936, Successors.and one on February 1, 1937. The terms of office of all successors shall expire three years after the expiration of the terms for Vacancies.which their predecessors were appointed; but any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the unexpired term of his predecessor. Vacancies in the Board shall not impair the powers nor affect the duties of the Board nor of the remaining members of the Board. Two of the members in office shall constitute a quorum for the transaction of the business of the Board. Salary and expenses.Each member of the Board shall receive a salary at the rate of $10,000 per annum, together with necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, subject to the provisions of law applicable thereto, while away from the principal Disqualification if having any personal interest.office of the Board on business required by this Act. No person in the employment of or who is peculiarly or otherwise interested in any organization of employees or any carrier shall enter upon the duties of or continue to be a member of the Board. “All cases referred to the Board of Mediation and unsettled on the date of the approval of this Act shall be handled to conclusion by the Mediation Board. Removals. “A member of the Board may be removed by the President for inefficiency, neglect of duty, malfeasance in office, or ineligibility, but for no other cause. “Second. Chairman to be designated. The Mediation Board shall annually designate a member Principal office.to act as chairman. The Board shall maintain its principal office in the District of Columbia, but it may meet at any other place whenever One or more members may act as mediator.it deems it necessary so to do. The Board may designate one or more of its members to exercise the functions of the Board in mediation Administering oaths.proceedings. Each member of the Board shall have power to administer oaths and affirmations. The Board shall have a seal which shall Report to Congress.be judicially noticed. The Board shall make an annual report to Congress. “Third. Appointment of experts, etc. The Mediation Board may
(1)appoint such experts and assistants to act in a confidential capacity and, subject to the Other officers and employees.provisions of the civil-service laws, said other officers and employees as are essential to the effective transaction of the work of the Board;
(2)in accordance with the Classification Act of 1923, fix the salaries of such experts, assistants, officers, and employees; and
(3)make such expenditures (including expenditures for rent and personal Books of reference.services at the seat of government and elsewhere, for law books, periodicals, and books of reference, and for printing and binding, Travel expenses.and including expenditures for salaries and compensation, necessary traveling expenses and expenses actually incurred for subsistence, and other necessary expenses of the Mediation Board, Adjustment Board, Regional Adjustment Boards established under paragraph
(w)of section 3, and boards of arbitration, in accordance with the provisions of this section and sections 3 and 7, respectively), as may be necessary for the execution of the functions vested in the Board, in the Adjustment Board and in the boards of arbitration, and as Payments.may be provided for by the Congress from time to time. All expenditures of the Board shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman. 1195 “Fourth. The Mediation Board is hereby authorized by its order Any portion of work, etc., may be assigned to a member or employee.to assign, or refer, any portion of its work, business, or functions arising under this or any other Act of Congress, or referred to it by Congress or either branch thereof, to an individual member of the Board or to an employee or employees of the Board to be designated Board may modify or rescind assignment.by such order for action thereon, and by its order at any time to amend, modify, supplement, or rescind any such assignment or reference. All such orders shall take effect forthwith and remain in effect until otherwise ordered by the Board. In conformity with Powers conferred.and subject to the order or orders of the Mediation Board in the premises, and such individual member of the Board or employee designated shall have power and authority to act as to any of said work, business, or functions so assigned or referred to him for action by the Board. “Fifth. All officers and employees of the Board of Mediation All necessary personnel of Board of Mediation transferred to the Board.(except the members thereof, whose offices are hereby abolished) whose services in the judgment of the Mediation Board are necessary to the efficient operation of the Board are hereby transferred to the Board, without change in classification or compensation; except that the Board may provide for the adjustment of such classification or compensation to conform to the duties to which such officers and employees may be assigned. “All unexpended appropriations for the operation of the Board of Available appropriations to lie transferred to Mediation Board.Mediation that are available at the time of the abolition of the Board of Mediation shall be transferred to the Mediation Board and shall be available for its use for salaries and other authorized expenditures.” " Sec. 5. Section 5 of the Railway Labor Act is amended to read as follows: " “functions of mediation boardFunctions of Mediation Board. “Sec. 5. First. The parties, or either party, to a dispute between Right of either disputant to invoke service of Board.an employee or group of employees and a carrier may invoke the services of the Mediation Board in any of the following cases: “(a) A dispute concerning changes in rates of pay, rules, or working conditions not adjusted by the parties in conference. “(b) Any other dispute not referable to the National Railroad Adjustment Board and not adjusted in conference between the parties or where conferences are refused. “The Mediation Board may proffer its services in case any labor Proffer of services by Board.emergency is found by it to exist at any time. “In either event the said Board shall promptly put itself in communication with the parties to such controversy, and shall use its best efforts, by mediation, to bring them to agreement. If such efforts to bring about an amicable settlement through mediation shall be unsuccessful, the said Board shall at once endeavor as its final required action (except as provided in paragraph third of this section and in section 10 of this Act) to induce the parties to submit their controversy to arbitration, in accordance with the provisions of this Act. “If arbitration at the request of the Board shall be refused by Action if arbitration refused.one or both parties, the Board shall at once notify both parties in writing that its mediatory efforts have failed and for thirty days thereafter, unless in the intervening period the parties agree to arbitration, or an emergency board shall be created under section 10 of this Act, no change shall be made in the rates of pay, rules, No change in pay, etc., rates to be made.or working conditions or established practices in effect prior to the time the dispute arose. 1196 “Second. Controversies arising over interpretation of agreement, etc. In any case in which a controversy arises over the meaning or the application of any agreement reached through mediation under the provisions of this Act, either party to the said agreement, or both, may apply to the Mediation Board for an interpretation of the meaning or application of such agreement. The said Board shall upon receipt of such request notify the parties to the controversy, and after a hearing of both sides give its interpretation within thirty days. “Third. Duties of Board respecting arbitration of disputes. The Mediation Board shall have the following duties with respect to the arbitration of disputes under section 7 of this Act: “(a) To appoint remaining arbitrator if parties fail to decide. On failure of the arbitrators named by the parties to agree on the remaining arbitrator or arbitrators within the time set by section 7 of this Act, it shall be the duty of the Mediation Board Qualifications.to name such remaining arbitrator or arbitrators. It shall be the duty of the Board in naming such arbitrator or arbitrators to appoint only those whom the Board shall deem wholly disinterested in the controversy to be arbitrated and impartial and without bias Removal.as between the parties to such arbitration. Should, however, the Board name an arbitrator or arbitrators not so disinterested and impartial, then, upon proper investigation and presentation of the facts, the Board shall promptly remove such arbitrator. Selecting a successor.“If an arbitrator named by the Mediation Board, in accordance with the provisions of this Act, shall be removed by such Board as provided by this Act, or if such an arbitrator refuses or is unable to serve, it shall be the duty of the Mediation Board, promptly, to select another arbitrator, in the same manner as provided in this Act for an original appointment by the Mediation Board.. “(b) Any member may take acknowledgment of agreement to arbitrate. Any member of the Mediation Board is authorized to take the acknowledgment of an agreement to arbitrate under this Act. When so acknowledged, or when acknowledged by the parties before a notary public or the clerk of a district court or a circuit court of appeals of the United States, such agreement to arbitrate shall be delivered to a member of said Board or transmitted to said Board, to be filed in its office. “(c) Procedure. When an agreement to arbitrate has been filed with the Mediation Board, or with one of its members, as provided by this section, and when the said Board has been furnished the names of the arbitrators chosen by the parties to the controversy it shall be the duty of the Board to cause a notice in writing to be served upon said arbitrators, notifying them of their appointment, requesting them to meet promptly to name the remaining arbitrator or arbitrators necessary to complete the Board of Arbitration, and advising them of the period within which, as provided by the agreement to arbitrate, they are empowered to name such arbitrator or arbitrators. “(d) Controversy over meaning or application of award. Either party to an arbitration desiring the reconvening of a board of arbitration to pass upon any controversy arising over the meaning or application of an award may so notify the Mediation Board in writing, stating in such notice the question or questions to be submitted to such reconvened Board. The Mediation Board shall thereupon promptly communicate with the members of the Board of Arbitration, or a subcommittee of such Board appointed for such purpose pursuant to a provision in the agreement to arbitrate, and arrange for the reconvening of said Board of Arbitration or sub-committee, and shall notify the respective parties to the controversy Hearings; restriction.of the time and place at which the Board, or the subcommittee, will meet for hearings upon the matters in controversy to be submitted Evidence to be considered.to it. No evidence other than that contained in the record filed with the original award shall be received or considered by such recon1197 vened Board or subcommittee, except such evidence as may be necessary to illustrate the interpretations suggested by the parties. If anyFilling vacancy. member of the original Board is unable or unwilling to serve on such reconvened Board or subcommittee thereof, another arbitrator shall be named in the same manner and with the same powers and duties as such original arbitrator. “(e) Within sixty days after the approval of this Act every carrier Employer-employee contracts concerning rates of pay, etc.Filing with Board required.Statement in lieu.shall file with the Mediation Board a copy of each contract with its employees in effect on the 1st day of April 1934, covering rates of pay, rules, and working conditions. If no contract with any craft or class of its employees has been entered into, the carrier shall file with the Mediation Board a statement of that fact including also a statement of the rates of pay, rules, and working conditions applicable in dealing with such craft or class. When any new contract is New contracts.executed or change is made in an existing contract with any class or craft of its employees covering rates of pay, rules, or working conditions, or in those rates of pay, rules, and working conditions of employees not covered by contract, the carrier shall file the same with the Mediation Board within thirty days after such new contract or change in existing contract has been executed or rates of pay, rules, and working conditions have been made effective. “(f) The Mediation Board shall be the custodian of all papers Board to be custodian of all papers, etc., filed with Board of Mediation.and documents heretofore filed with or transferred to the Board of Mediation bearing upon the settlement, adjustment, or determination of disputes between carriers and their employees or upon mediation or arbitration proceedings held under or pursuant to the provisions of any Act of Congress in respect thereto; and the President is authorized to designate a custodian of the records and property of the Board of Mediation until the transfer and delivery of such records to the Mediation Board and to require the transfer and delivery to the Mediation Board of any and all such papers and documents filed with it or in its possession.” " Sec. 6. Section 6 of the Railway Labor Act is amended to read Vol. 44, p. 582.as follows: " “Sec. 6. Carriers and representatives of the employees shall give Notice of intended change in rates of pay, rules, working conditions.at least thirty days’ written notice of an intended change in agreements affecting rates of pay, rules, or working conditions, and the time and place for the beginning of conference between the representatives of the parties interested in such intended changes shall be agreed upon within ten days after the receipt of said notice, and said time, shall be within the thirty days provided in the notice. In Decision of Board required.every case where such notice of intended change has been given, or conferences are being held with reference thereto, or the services of the Mediation Board have been requested by either party, or said Board has proffered its services, rates of pay, rules, or working conditions shall not be altered by the carrier until the controversy has been finally acted upon as required by section 5 of this Act, *Ante* p. 1195.Exception.by the Mediation Board, unless a period of ten days has elapsed after termination of conferences without request for or proffer of the services of the Mediation Board.” " Sec. 7. The Railway Labor Act is amended by striking out the Railway Labor Act.Substitutions in designated sections of, authorized.Vol. 44, pp. 582–587.words “Board of Mediation” wherever they appear in sections 7, 8, 10, and 12 of such Act, and inserting in lieu thereof the words “Mediation Board.” Sec. 8. If any section, subsection, sentence, clause, or phrase of Saving provisions.this Act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Act. Inconsistent laws repealed.All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed. Approved, June 21, 1934. To amend section 5 of Public Act Numbered 2 of the Seventy-second Congress, as amended. 1934-06-21 48 Stat. 1198 692 Chapter 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public 1198 [CHAPTER 692.] AN ACT To amend section 5 of Public Act Numbered 2 of the Seventy-second Congress, as amended.June 21, 1934.[[H.R. 9904](/us/bill/73/hr/9904).][[Public, No. 443](/us/pl/73/443).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Reconstruction Finance Corporation Act, amended.Vol. 47, p. 7. That section 5 of Public Act Numbered 2 of the Seventy-second Congress, as amended, be amended by striking out the period at the end of the second paragraph thereof and inserting in lieu thereof a colon and the Aggregate amount of advance to any one corporation; limitation removed.following: “ *Provided*, That such limitation shall not apply to advances to receivers or other liquidating agents of closed banks when made for the purpose of liquidation or reorganization. ” Approved, June 21, 1934. Authorizing the Secretary of Commerce to dispose of a portion of the Yaquina Bay Lighthouse Reservation, Oregon. 1934-06-21 48 Stat. 1198 693 Chapter 73 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 public [CHAPTER 693.] AN ACT Authorizing the Secretary of Commerce to dispose of a portion of the Yaquina Bay Lighthouse Reservation, Oregon.June 21, 1934.[[H.R. 7922](/us/bill/73/hr/7922).][
Connections26 cite this · traces to 6
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  • 48 Stat. 1182
  • 48 Stat. 1183
  • 48 Stat. 1185
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