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“According to the literal wording of the above paragraph, the three members constituting the labor group are to represent both the employees and subordinate officials, but the nominations are to be made and offered by “such employees.' It is urged that the expression such employees' entitled to make and offer nominations is to be interpreted as including both employees and subordinate officials. As the three members constituting the labor group are to represent both employees and subordinate officials, it seems not unreasonable to conclude that the expression such employees' entitles both employees and subordinate officials to make and offer nominations. Inasmuch as the organizations named in our original regulations include or may include a small percentage of subordinate officials, it would appear that subordinate officials not so included as well as employees who may not be members of or represented through the organizations originally named by us, are entitled under appropriations prescribed by us, to make and offer nominations for members of the labor group.
“In coming to this conclusion it is appropriate to reaffirm our conviction that the great mass of the railroad employees and subordinate officials are members of or represented through the organizations named in our original regulations.
“It is also true that a percentage of the organizations and employees who now contend for their separate right of making and offering nominations for members of the labor group is included in the membership of the organizations named in our original regulations.
"In view of the above considerations we have determined to supplement the regulations originally put forth by adding a fourth group for the purpose of making and offering nominations for original appointment as member of the labor group on the Labor Board. Included in this group 4 are the following organizations which comprise all organizations from which we have received averments that their separate right to make nominations ought to be accorded under the Transportation Act, 1920, except the Railway Traveling Auditors' Association of America and the Supervisory Station Agents' Association, the membership of which we have held are not included in the term "subordinate official:
Railway Men's International Benevolent Industrial Asso
Order of Railway Expressmen, "The accredited representatives of the above organizations, duly authorized so to act, shall agree among themselves upon nominees representative of such organization, or of nominees jointly representative of a number of such organizations, provided they agree among themselves upon nominees jointly representative of any of the organizations above named.
"The nominations agreed upon by each of the above-named organizations, or agreed upon as jointly representative of any of the above named organizations, shall be transmitted direct to the President, accompanied by a certificate that the nominations have been made in accordance with these regulations: and should also include statements submitted by the duly authorized representatives of each of the organizations, or of such organizations voluntarily associated for the purpose of making joint nominations, setting forth their present total membership, exclusive of officials not embraced within the class of subordinate officials 'as defined by the Commission's regulations of this date, distinguishing between subordinate officials and higher officials; the percentage of the membership of such organizations, exclusive of such higher officials, who are or may be members of the organizations named in our regulations of March 8, 1920; and the distrubition of such membership as between employees and subordinate officials."
THE ADAMSON EIGHT HOUR LAW. The Act of September 3, 5, 1916. Complied Statutes 1916. sections 8680a to 8680d reads:
Sec. 1. Beginning January first, nineteen hundred and seventeen, eight hours shall, in contracts for labor and service, be deemed a day's work and the measure and standard of a day's work for the purpose of reckoning the compensation for services of all employees who are now or may hereafter be en ployed by any common carrier by railroad, except railroads independently owned and operated not exceeding one hundred miles in length, electric street railroads, and electric interurban railroads, which is subject to the provisions of the Act of February fourth, eighteen hundred and eighty-seven, entitled “An Act to regulate commerce," as amended, and who are now or may hereafter be actually engaged in any capacity in the operation of trains used for the transportation of persons or property on railroads, except railroads independently owned and operated not exceeding one hundred miles in length, electric street railroads, and electric interurban railroads, from any 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 one place in a Territory to another place in the same Territory, 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: Provided, That the above exceptions shall not apply to railroads though less than one hundred miles in length whose principal business is leasing or furnishing terminal or transfer facilities to other railroads, or are themseives engaged in transfers of freight between rail. roads or between railroads and industrial plants.
This section and the three sections next following were an aet entitled "An act to establish an eight-hour day for employees of carriers engaged in interstate and foreign commerce, and for other purposes," cited above.
Sec. 2. The President shall appoint a commission of three, which shall observe the operation and effects of the institution of the eight-hour standard workday as above defined and the facts and conditions affecting the relations between such common carriers and employees during a period of not less than six months nor more than nine months, in the discretion of the commission, and within thirty days thereafter such commission shall report its findings to the President and Congress; that each member of the commission created under the provisions of this Act shall receive such compensation as may be fixed by the President. That the sum of $25,000, or so much thereof as may be necessary, be, and hereby is, appropriated, out of any money in the United States Treasury not otherwise appropriated, for the necessary and proper expenses incurred in connection with the work of such commission, including salaries, per diem, traveling expenses of members and employees, and rent, furniture, offices fixtures and supplies. books, salaries, and other necessary expenses, the same to be approved by the chairman of said commission and audited by the proper accounting officers of the Treasury.
Sec. 3. Pending the report of the commission herein provided for and for a period of thirty days thereafter the compensation of railway employees subject to this Act for a standard eight-hour workday shall not be reduced below the present standard day's wage, and for all necessary time in excess of eight hours such employees shall be paid at a rate not less than the pro rata rate for such standard eight hour workday.
Sec. 4. Any persons violating any provision of this Act shall be guilty of a misdemeanor and upon conviction shall be fined not less than $100 and not more than $1,000, or imprisoned not to exceed one year or both.
[Public-No. 203-63d Congress.)
AN ACT to create a Federal Trade Commission, te define ita
power and duties, and for other purposes. ..Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a Commission is hereby created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first commissioners appointed shall continue in office for term; of three, four, five, and six, and seven years, respectively, from the date of the taking effect of this act, the term of each to be. designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he shall succeed. The Commission shall choose a chairman from its own membership. No commissioner shall engage in any other business, vocation, or employment. Any commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining commissioners to exercise all the powers of the Commission.
The Commission shall have an official seal, which shall be judicially noticed
Sec. 2. That each commissioner shall receive a salary of $10,000 a year, payable in the same manner as the salaries of the judges of the courts of the United States. The Commission shall appoint a secretary, who shall receive a salary of $5,000 a year, payable in like manner, and it shall have authority to employ and fix the compensation of such attorneys, special experts, examiners, clerks, and other employees as it may from time to time find necessary for the proper performance of its duties and as may be from time to time appropriated for by Congress.