(b) That the award does not conform, nor confine itself, to the stipulations of the agreement to arbitrate; or

(c) That a member of the board of arbitration rendering the award was guilty of fraud or corruption; or that a party to the arbitration practiced fraud or corruption which fraud or corruption affected the result of the arbitration: Provided, however, That no court shall entertain any such petition on the ground that an award is invalid for uncertainty; in such case the proper remedy shall be a submission of such award to a reconvened board, or subcommittee thereof, for interpretation, as provided by this Act: Provided further, That an award contested as herein provided shall be construed liberally by the court, with a view to favoring its validity, and that no award shall be set aside for trivial irregularity or clerical error, going only to form and not to substance.

Fourth. If the court shall determine that a part of the award is invalid on some ground or grounds designated in this section as a ground of invalidity, but shall determine that a part of the award is valid, the court shall set aside the entire award: Provided, however, That, if the parties shall agree thereto, and if such valid and invalid parts are separable, the court shall set aside the invalid part, and order judgment to stand as to the valid part.

Fifth. At the expiration of ten days from the decision of the district court upon the petition filed as aforesaid, final judgment shall be entered in accordance with said decision, unless during said ten days either party shall appeal therefrom to the circuit court of appeals. In such case only such portion of the record shall be transmitted to the appellate court as is necessary to the proper understanding and consideration of the questions of law presented by said petition and to be decided.

Sixth. The determination of said circuit court of appeals upon said questions shall be final, and, being certified by the clerk thereof to said district court, judgment pursuant thereto shall thereupon be entered by said district court.

Seventh. If the petitioner's contentions are finally sustained, judgment shall be entered setting aside the award in whole or, if the parties so agree, in part; but in such case the parties may agree upon a judgment to be entered disposing of the subject matter of the controversy, which judgment when entered shall have the same force and effect as judgment entered upon an award.

Eighth. Nothing in this Act shall be construed to require an indi

vidual employee to render labor or service without his consent, nor shall anything in this Act be construed to make the quitting of his labor or service by an individual employee an illegal act; nor shall any court issue any process to compel the performance by an individual employee of such labor or service, without his consent.

EMERGENCY BOARD

Sec. 10. If a dispute between a carrier and its employees be not adjusted under the foregoing provisions of this Act and should, in the judgment of the Board of Mediation, threaten substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service, the Board of Mediation shall notify the President, who may thereupon, in his discretion, create a board to investigate and report respecting such dispute. Such board shall be composed of such number of persons as to the President may seem desirable: Provided, however, That no member appointed shall be pecuniarily or otherwise interested in any organization of employees or any carrier. The compensation of the members of any such board shall be fixed by the President. Such board shall be created separately in each instance and it shall investigate promptly the facts as to the dispute and make a report thereon to the President within thirty days from the date of its creation.

There is hereby authorized to be appropriated such sums as may be necessary for the expenses of such board, including the compensation and the necessary traveling expenses and expenses actually incurred for subsistence, of the members of the board. All expenditures of the board shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman.

After the creation of such board and for thirty days after such board has made its report to the President, no change, except by agreement, shall be made by the parties to the controversy in the conditions out of which the dispute arose.

GENERAL PROVISIONS

Sec. 11. 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. 12. There is hereby authorized to be appropriated such sums

as may be necessary for expenditure by the Board of Mediation in carrying out the provisions of this Act.

Sec. 13. [Gives the circuit court of appeals the power to review decisions of the district courts in cases arising under section 9, and the right to certify questions in such cases to the supreme court, and makes the decisions of the circuit court of appeals in these cases reviewable by the supreme court by writ of certiorari.]

Sec. 14. Title III of the Transportation Act, 1920, and the Act approved July 15, 1913, providing for mediation, conciliation, and arbitration, and all Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

QUESTIONS

1. Why were the Newlands Act and Title III of the Transportation Act replaced by the Railway Labor Act?

2. Would the case of the Pennsylvania Railroad System be decided differently under this act?

3. Compare the adjustment boards provided in the Transportation Act with those provided in the Railway Labor Act.

4. Compare the Board of Mediation created by the present act with the Board of Mediation and Conciliation of the Newlands Act, and with the Railroad Labor Board, as to (a) organization, (b) powers and duties.

5. Compare the scheme of arbitration in the present act with that provided by the Newlands Act.

VI

SAFETY AND HEALTH

A. EXCLUSION OF PERSONS FROM CERTAIN EMPLOYMENTS

I. CHILDREN

(a) By the States

A1

[All states have laws prohibiting children from engaging in one or more kinds of labor before reaching a certain age. As has been frequently noted in treating other subjects, there is no sort of uniformity in the regulations of the various states. The attempt of the National Child Labor Committee and of many related organizations has resulted in the enactment of legislation which has fixed the age of fourteen as the minimum age for general factory work in most of the states. The greatest variation among the various laws appears in the occupations that each covers. The more advanced laws do not attempt to specify occupations by name, but simply use the term "any gainful occupation." Exemptions of agriculture and domestic service tend frequently to partially destroy the effect of such an inclusive term.

It is only possible in this section to include the child labor law of a single state and an opinion of a state court upholding such a law. It is, of course, understood that if information is desired concerning any particular state, the statute of that state should be consulted and the decisions of the state courts considered in detail. The statute here quoted is not to be assumed to contain general terms which are necessarily duplicated in other states. It will be found, however, that the courts have upheld state child labor laws in decisions which follow the same general course of reasoning that appears below.

The attempt that has been made to secure uniform child labor legislation by congressional action will be considered in the next section.]

1 In connection with this subject, special attention is called to the descriptive and historical sketch of legislation in Commons and Andrews, Principles of Labor Legislation, 1920, p. 333 ff.

B

WISCONSIN CHILD LABOR LAW2

Section 1728a.

2. (a) No employer shall employ or permit any minor or any female to work in any place of employment, or at any employment dangerous or prejudicial to life, health, safety, or welfare of such minor or such female, or where the employment of such minor may be dangerous or prejudicial to the life, health, safety, or welfare of other employees or frequenters.

(b) It shall be the duty of the industrial commission, and it shall have power, jurisdiction, and authority to investigate, determine, and fix reasonable classifications of employments and places of employment, minors, and females, and to issue general or special orders prohibiting the employment of such minors or females in any employment or place of employment dangerous or prejudicial to the life, health, safety, or welfare of such minor or female, and to carry out the purposes of sections 1728a to 1728e, inclusive, of the statutes. . .

3. Until such time as the industrial commission shall investigate, determine and fix the classifications provided for in paragraph (b) of subsection 2 of this section, the employments and places of employment designated in the following schedule shall be deemed to be dangerous or prejudicial to the life, health, safety or welfare of minors or females under the ages specified:

(a) Minors under twenty-one years of age: In cities of the first, second, and third class, before six o'clock in the morning and after eight o'clock in the evening of any day, as messenger for a telegraph or messenger company in the distribution, transmission, or delivery of messages or goods.

(b) Minors under eighteen years of age:

(1) Blast furnaces; in or about. (2) Boats and vessels engaged in the transportation of passengers or merchandise; pilot; fireman; engineer. (3) Docks; in or about. (4) Dusts; operating or using any emery, tripoli, rouge, corundum, stone carborundum, and abrasive or emery polishing or buffing wheel, where articles of the baser materials, or of iridium, are manufactured. . . . . (5) Electric wires; on the outside erection and repair of electric wires, including telegraph and telephone wires. (6) Elevators; in the running or management of any elevators, lifts or hoisting machines. . . . . (7) Explosives; in or

2 Wisconsin Statutes, 1921, chap. 83, sections 1728a, 17286.