circuit court of the United States, or by any judge thereof, or by any district judge acting as circuit judge, upon the ground of the unconstitutionality of such statute, unless the application for the same shall be presented to a justice of the Supreme Court of the United States, or to a circuit judge, or to a district judge aeting as circuit judge, and shall be heard and determined by three judges, of whom at least one shall be a justice of the Supreme Court of the United States or a circuit judge, and the other two may be either circuit or district judges, and unless a majority of said three judges shall concur in granting such application. Whenever such application as aforesaid is presented to a justice of the Supreme Court of the United States, or to a judge, he shall immediately call to his assistance to hear and determine the application two other judges: Provided, however, That one of such three judges shall be a justice of the Supreme Court of the United States or a circuit judge. Said application [Notice.] shall not be heard or determined before at least five days' notice of the hearing has been given to the governor and to the attorneygeneral of the State, and to such other persons as may be defendants in the suit: Provided, That if of opinion that irreparable loss or damage would result to the complainant unless a tempoary restraining order is granted, any justice of the Supreme Court of the United States, or any circuit or district judge, may grant such temporary restraining order at any time before such hearing and determination of the application for an interlocutory injunction, but such temporary restraining order shall only remain in force until the hearing and determination of the appli [Expedition.] cation for an interlocutory injunction upon notice as aforesaid. The hearing upon such application for an interlocutory injunction shall be given precedence and shall be in every way expedited and be assigned for a hearing at the earliest practicable day after [Appeals.] the expiration of the notice hereinbefore provided for. An appeal may be taken directly to the Supreme Court of the United States from the order granting or denying, after notice and hearing, an interlocutory injunction in such case. THE NATIONAL TRADE UNION INCORPORATION ACT. The National Trade Union Incorporation Act.-The Act of June 29, 1886, legalizes the incorporation of National Trades Unions, 3 Compiled Statutes 3204: "National Trade Unions" defined.-Be it enacted, etc.: SEC. 1. That the term "National Trade Union," in the meaning of this act, shall signify an association of working people having two or more branches in the States or Territories of the United States for the purpose of aiding its members to become more skillful and efficient workers, the promotion of their general intelligence, the elevation of their character, the regulation of their wages and their hours and conditions of labor, the protection of their individual rights in the prosecution of their trade or trades, the raising of funds for the benefit of sick, disabled, or unemployed members, or the families of deceased members, or for such other object or objects for which working people may lawfully combine, having in view their mutual protection or benefit. Incorporation.-SEC. 2. That National Trade Unions shall upon filing their articles of incorporation in the office of the recorder of the District of Columbia, become a corporation under the technical name by which said National Trade Union desires to be known to the trade; and shall have the right to sue and be sued, to implead and be impleaded, to grant and receive, in its corporate or technical name, property, real, personal, and mixed, and to use said property and the proceeds and income thereof, for the objects of said corporation as in its charter defined: Provided, That each Union shall hold only so much real estate as may be required for the immediate purposes of its corporation. Constitution, rules, and by-laws.-SEC. 3. That an incorporated National Trade Union shall have power to make and establish such constitution, rules, and by-laws as it may deem proper to carry out its lawful objects, and the same to alter, amend, add to, or repeal at pleasure. Duties of officers.-SEC. 4. That an incorporated National Trade Union shall have power to define the duties and powers of all its officers, and prescribe their mode of election and term of office, to establish branches and sub-unions in any territory of the United States. Headquarters.-SEC. 5. That the headquarters of an incorporated National Trade Union shall be located in the District of Columbia. See supra, § 67. [641] NATIONAL ARBITRATION ACT. AN ACT Concerning carriers engaged in interstate commerce and their employees. Be it cnacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of this Act shall apply to any common carrier or car [Adjustment of controversies between railroads and [Scope of act.] riers and their officers, agents, and employees, except masters of vessels and seamen, as defined in section forty-six hundred and twelve, Revised Statutes of the United States, engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water, for a continuous carriage or shipment, from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States. [Terms.] The term "railroad" as used in this Act shall include all bridges and ferries used or operated in connection with any ["railroads."] railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, ["transportation."] agreement, or lease; and the term "transportation" shall include all instrumentalities of shipment or carriage. [—“employees.”] The term "employees" as used in this Act shall include all persons actually engaged in any capacity in train operation or train service of any description, and notwithstanding that the cars upon or in which they are employed may be held and operated by the carrier under lease or other contract. Provided, how [Street railroads excepted.] ever, That this Act shall not be held to apply to employees of street railroads and shall apply only to employees engaged in railroad train service. In every such case the carrier shall be responsible for the acts and defaults of such employees in the same manner and to the same extent as if said cars were owned by it and said employees directly employed by it, and any provisions to the contrary of any such lease or other contract shall [Responsibility of carrier on leased cars.] be binding only as between the parties thereto and shall not affect the obligations of said carrier either to the public or to the private parties concerned. SEC. 2. That whenever a controversy concerning wages, hours of labor, or conditions of employment shall arise between a car [Chairman of Interstare Commerce Commission and rier subject to this Act and the employees of such carrier, seriously interrupting or threatening to interrupt the business of said carrier, the chairman of the Interstate Commerce Commission and the Commissioner of Labor shall, upon the request of either party to the controv rsy, with all practicable expedition, put themselves in communication with the parties to such controversy, and shall use their best efforts, by mediation and conciliation, to amicably settle the same; and if such efforts shall be unsuccessful, shall at once endeavor to bring about an arbitration of said controversy in accordance with the provisions of this Act. [Failure to adjust.] SEC. 3. That whenever a controversy shall arise between a carrier subject to this Act and the employees of such carrier which can not be settled by mediation and conciliation in the manner provided in the preceding section, said controversy may be submitted to the arbitration of a board of three persons, who shall be chosen in the manier following: One shall be named by the carrier or employer directly interested; the other shall be named by the labor organization to which the employees directly interested belong, or, if they belong to more than one, by that one of them which specially represents employees of the same grade and class and engaged in services of the same nature as said employees so directly interested: Provided, however, That when a [Controversles affecting different labor organizations.] controversy involves and affects the interests of two or more classes and grades of employees belonging to different labor organizations, such arbitrator shall be agreed upon and designated by the concurrent action of all such labor organizations; and in cases where the majority of such employees are not members of any labor organization, said employees may by a majority vote select a committee of their own number, which committee shall [Third arbitrator.] have the right to select the arbitrator on behalf of said employees. The two thus chosen shall select the third Commissioner of arbitration; but, in the event of their failure to name such arbitrator within five days after their first meeting, the third arbitrator sha' be named by the Commissioners named in the preceding section. A majority of said arbitrators shall be competent to make valid and binding award under the provisions hereof. [Form of submission.] The submission shall be in writing, shall be signed by the employer and by the labor organization representing the employees, shall specify the time and place of meeting of said board of arbitration, shall state the questions to be decided, and shall contain appropriate provisions by which the respective parties shall stipulate, as follows: [Stipulations of submission.] [Time of hearings.] First. That the board of arbitration shall commence their hearings within ten days from the date of the appointment of the third arbitrator, and shall find and file their award, as provided in this section, within thirty days from the date of the ap [Status of controversy pending arbitration.] pointment of the third arbitrator; and that pending the arbitration the status existing immediately prior to the dispute shall [Involuntary service.] not be changed: Provided, That no employee shall be compelled to render personal service without his consent. [Filing of award in the United States circuit court.] Second. That the award and the papers and proceedings, including the testimony relating thereto certified under the hands of the arbitrators and which shall have the force and effect of a bill of exceptions, shall be filed in the clerk's office of the circuit court of the United States for the district wherein the controversy arises or the arbitration is entered into and shall be final and conclusive upon both parties, unless set aside for error of law apparent on the record. [Enforcing award.] Third. That the respective parties to the award will each faithfully execute the same, and that the same may be specifically enforced in equity so far as the powers of a court of equity permit: [Involuntary service.] Provided, That no injunction or other legal process shall be issued which shall compel the performance by any laborer against his will of a contract for personal labor or service. [Notice of termination of service.] Fourth. That employees dissatisfied with the award shall not by reason of such dissatisfaction quit the service of the employer before the expiration of three months from and after the making of such award without giving thirty days' notice in writing of their intention so to quit. Nor shall the employer dissatisfied with such award dismiss any employee or employees on account of such dissatisfaction before the expiration of three months from and after the making of such award without giving thirty days' notice in writing of his intention so to discharge. [Continuance in force of award.] Fifth. That said award shall continue in force as between the parties thereto for the period of one year after the same shall go |