While it is true that there is no mention of race or color in the Boswell Amendment, this does not save it. United States Court of Appeals Fourth Circuit. We said: 'The complaint and offers of proof raise questions of the gravest character, which, if presented in a case properly before us, would merit our most careful consideration. of Eighth Circuit opinions. At such a hearing on appeal the employee is not bound by such provisions as that of § 17(a) in the controlling contract here. ", There is no merit in plaintiff's contention that the court erred in holding that the remedy of reinstatement of a suspended employee is by petition to the Railroad Adjustment Board. The interpretation and application of the Railway Labor Act has been considered in numerous decisions of the courts, many of which are cited in the briefs.
She asks that election officials of the state be enjoined from denying her the right to register and vote on the ground of the non-payment of poll tax and that she be awarded damages for the wrong heretofore done in denying her that right. Argued Oct. 13, 1950. The point involved was recently presented to the United States Court of Appeals for the Seventh Circuit in Broady v. Illinois Cent. 2001 injunction Dame Elizabeth Butler-Sloss, then President of the Family Division, considered those applications in Venables v News Group Newspapers Ltd [2001] Fam 430. There was error in refusing to take appropriate action for convening a statutory court of three judges to hear the case, as substantial constitutional questions were unquestionably involved.1 We do not here attempt to pass upon these questions, as they are matters for the judgment of the three judge District Court, with review thereof, if any, by the Supreme Court of the United States.
184 F.2d 526, Docket Number: Their primary purpose must not be lost sight of however; and no election machinery can be upheld if its purpose or effect is to deny to the Negro, on account of his race or color, any effective voice in the government of his country or the state or community wherein he lives. There is allegation that as many as fifty thousand persons otherwise qualified are kept from voting in the congressional district in question as the result of the poll tax requirement, and that in the state at large it has resulted in less than 22% of those otherwise qualified participating in elections.
: : … Argued Oct. 13, 1950.Decided Oct. 16, 1950. While he relied upon that part of paragraph Third, § 152 of the Act, quoted above, he fails to give consideration to paragraph Sixth of the same section, which provides: "In case of a dispute between a carrier or carriers and its or their employees, arising out of grievances * * it shall be the duty of the designated representative 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: * * * That nothing in this Act shall be construed to supersede the provisions of any agreement (as to conferences) then in effect between the parties.". Rec. 1662, 77th Cong., 2nd Sess. The Fifteenth Amendment 'nullifies sophisticated as well as simple-minded modes of discrimination,' and 'It hits onerous procedural requirements which effectively handicap exercise of the franchise by the colored race although the abstract right to vote may remain unrestricted as to race. Although the appeal in that case was dismissed as moot, we pointed out that the complaint raised questions of the gravest character, which, if the case were properly before us, would merit our most careful consideration. 77th Cong., 2nd Sess., Vol. Butler v. Thompson et al, 192 F.2d 831 (8th Cir. Plaintiff was a member of Local 354, Hotel & Restaurant Employees and Bartenders International Union. R. Co., 7 Cir., 191 F.2d 73, 76, and the court said: "We can find no provision of the Railway Labor Act which gives to employees the right to a representative of their own choice at an investigation by company officials of a charge that the employee has violated company rules. For the purpose of investigating the right of plaintiff to reinstatement a hearing was arranged to be held on September 2, also on September 6 and 19, and on October 16, 1947. There is allegation that as many as fifty thousand persons otherwise qualified are kept from voting in the congressional district in question as the result of the poll tax requirement, and that in the state at large it has resulted in less than 22% of those otherwise qualified participating in elections.
In view of these allegations, we must hold that substantial questions are presented which require decision by a District Court of three judges, since the questions go to the constitutional validity of the challenged provisions of Virginia law. We are not impressed by the argument that such grave violations of the constitutional rights of citizens as those here alleged present merely political questions with which courts are powerless to deal. 872, 880, holding unconstitutional the Boswell amendment to the Constitution of Alabama prescribing an educational qualification for suffrage designed to disfranchise Negro voters. By virtue of a collective bargaining agreement between the Union and the defendant he was at the time of his suspension entitled to certain rights of seniority and other benefits. Subsection (i) of § 153 of the Act provides for appeals from disputes between employees and a carrier to the Adjustment Board; and on the hearing of such an appeal proceedings provided in the collective bargaining contract for conferences and hearings at the company level do not apply. There was error in refusing to take appropriate action for convening a statutory court of three judges to hear the case, as substantial constitutional questions were unquestionably involved.1 We do not here attempt to pass upon these questions, as they are matters for the judgment of the three judge District Court, with review thereof, if any, by the Supreme Court of the United States. 6154. This was an action by Butler against Thompson, to recover damages for not accepting a quantity of iron under an alleged contract of purchase. No good purpose could be served by a lengthy discussion and analysis of those decisions. Rule 17(a) of the contract with the Union provided that "The right of the Management to discipline, suspend or discharge an employee for incompetency or other just and sufficient reason is recognized * * * however, prior to dismissal they shall be afforded an investigation at which they may be represented by a representative (an employee) of their choice * * * (c) Hearings will be held within ten days, unless otherwise agreed upon * * *." Therefore, we are necessarily brought to the conclusion that this Amendment to the Constitution of Alabama, both in its object and the manner of its administration, is unconstitutional, because it violates the Fifteenth Amendment. In investigations, conferences or hearings by or before officers of the carrier an existing legal contract controls, whereas the procedure before the Board is controlled by the statute.