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[CHAPTER 806-3D SESSION]

[H. R. 6178]

AN ACT

To abolish appeals in habeas corpus proceedings brought to test the validity of orders of removal.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsections (a) and (b) of section 6 of the Act of February 13, 1925, entitled "An Act to amend the Judicial Code, and to further define the jurisdiction of the circuit courts of appeals and of the Supreme Court, and for other purposes" (43 Stat. 940; U. S. C., title 28, sec. 452 and sec. 463, subsecs. (a) and (b)), be, and they are hereby, amended to read as follows:

"(a) In a proceeding in habeas corpus in a district court, or before a district judge or a circuit judge, the final order shall be subject to review, on appeal, by the circuit court of appeals of the circuit. wherein the proceeding is had: Provided, however, That there shall be no right of appeal from such order in any habeas corpus proceeding to test the validity of a warrant of removal issued pursuant to the provisions of section 1014 of the Revised Statutes (U. S. C., title 18, sec. 591) or the detention pending removal proceedings. A circuit judge shall have the same power to grant writs of habeas corpus within his circuit that a district judge has within his district. The order of the circuit judge shall be entered in the records of the district court of the district wherein the restraint complained of is had.

"(b) In such a proceeding in the District Court of the United States for the District of Columbia, or before a justice thereof, the final order shall be subject to review on appeal, by the United States Court of Appeals for the District of Columbia: Provided, however, That there shall be no right of appeal from such order in any habeas corpus proceeding to test the validity of a warrant of removal issued pursuant to the provisions of section 1014 of the Revised Statutes (U. S. C., title 18, sec. 591) or the detention pending removal proceedings."

Approved, June 29, 1938.

[CHAPTER 813-3D SESSION]

[S. 2403]

AN ACT

To prohibit the transportation of certain persons in interstate or foreign commerce during labor controversies, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act making it a felony to transport in interstate or foreign commerce persons to be employed to obstruct or interfere with the right of peaceful picketing during labor controversies", approved June 24, 1936, is amended to read as follows:

"That (a) it shall be unlawful to transport or cause to be transported in interstate or foreign commerce any person who is employed or is to be employed for the purpose of obstructing or interfering by force or threats with (1) peaceful picketing by employees during any labor controversy affecting wages, hours, or conditions of labor; or (2) the exercise by employees of any of the rights of self organization, collective bargaining.

"(b) Any person who willfully violates or aids or abets any person in violating any provision of this Act, and any person who is knowingly transported in or travels in interstate or foreign commerce for any of the purposes enumerated in this Act, shall be deemed guilty of a felony, and shall, upon conviction thereof, be fined not more than $5,000 or imprisoned not more than two years, or both.

"(c) The provisions of this Act shall not apply to cornmon

carriers."

Approved, June 29, 1938.

[CHAPTER 471-3D SESSION]
[H. R. 9610]

AN ACT

To amend the National Firearms Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of section 2 (a) of the National Firearms Act is amended by striking out the period at the end thereof and inserting a colon and the following: "Provided, That manufacturers and dealers in guns with two attached barrels from which only a single discharge can be made from either barrel without manual reloading shall pay the following taxes: Manufacturers, $25 per year; dealers, $1 per year. SEC. 2. The first sentence of section 3 (a) of such Act is amended by striking out the period at the end thereof and inserting a colon and the following: "Provided, That the transfer tax on any gun with two attached barrels, twelve inches or more in length, from which -only a single discharge can be made from either barrel without manual reloading, shall be at the rate of $1."

Approved, June 16, 1938.

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[CHAPTER 813-3D SESSION]

[S. 2403]

AN ACT

To prohibit the transportation of certain persons in interstate or foreign commerce during labor controversies, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act making it a felony to transport in interstate or foreign commerce persons to be employed to obstruct or interfere with the right of peaceful picketing during labor controversies", approved June 24, 1936, is amended to read as follows:

"That (a) it shall be unlawful to transport or cause to be transported in interstate or foreign commerce any person who is employed or is to be employed for the purpose of obstructing or interfering by force or threats with (1) peaceful picketing by employees during any labor controversy affecting wages, hours, or conditions of labor; or (2) the exercise by employees of any of the rights of self organization, collective bargaining.

"(b) Any person who willfully violates or aids or abets any person in violating any provision of this Act, and any person who is knowingly transported in or travels in interstate or foreign commerce for any of the purposes enumerated in this Act, shall be deemed guilty of a felony, and shall, upon conviction thereof, be fined not more than $5,000 or imprisoned not more than two years, or both.

"(c) The provisions of this Act shall not apply to cornmon

carriers."

Approved, June 29, 1938.

[CHAPTER 471-3D SESSION]

[H. R. 9610]

AN ACT

To amend the National Firearms Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of section 2 (a) of the National Firearms Act is amended by striking out the period at the end thereof and inserting a colon and the following: "Provided, That manufacturers and dealers in guns with two attached barrels from which only a single discharge can be made from either barrel without manual reloading shall pay the following taxes: Manufacturers, $25 per year; dealers, $1 per year." SEC. 2. The first sentence of section 3 (a) of such Act is amended by striking out the period at the end thereof and inserting a colon and the following: "Provided, That the transfer tax on any gun with two attached barrels, twelve inches or more in length, from which only a single discharge can be made from either barrel without manual reloading, shall be at the rate of $1."

Approved, June 16, 1938.

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