trators heretofore made and filed in the above stated case, and the same having been argued by counsel and considered by the court.

It is now ordered, adjudged and decreed that the said exceptions be, and the same are hereby overruled, and that the motion for judgment upon the award be, and the same is hereby granted.

Ordered and adjudged, this 18th day of July, 1914.

(Signed) W. B. SHEPPARD, Judge.

Decision of United States Circuit Court of Appeals.

FIFTH CIRCUIT. No. 2689.

GEORGIA AND FLORIDA RAILWAY COMPANY V. BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN.

Appeal from the District Court of the United States for The Southern District of Georgia.

Before Pardee, Circuit Judge, and Grubb and Call, District Judges.

BY THE COURT:

This is an appeal from the judgment of the District Court overruling the exceptions to an award made in arbitration proceedings under the act of Congress providing for mediation, conciliation and arbitration in controversies between certain employers and their employes, approved July 15, 1913.

The case is brought also to this Court by writ of error, as the appellant apprehended that the word "appeal" might have been employed in the generic sense and that the writ of error was the sole method of review. The case is submitted on both the appeal and writ of error.

The errors assigned in this Court are:

First, because each and all the exceptions filed by the said defendant, the Georgia and Florida Railway Company to the award of the arbitrators are founded upon errors of law apparent upon the face of the record in such arbitration proceedings. Second, because the errors of law apparent upon the face of the record, to which exceptions can be filed in such arbitration proceedings, are not confined to such errors of law as make the arbitration proceedings void ab initio, but extend to any substantial error of law appearing upon the face of the record in such proceedings.

I.

We have carefully considered the record and the briefs and arguments of counsel, and conclude that the exceptions filed in the District Court were properly overruled. In deciding the case, the District Judge in a very elaborate opinion held that the alleged errors presented by the exceptions were questions of mixed law and fact and not pure questions of law, and that the award was not assailed on any ground that would void it for lack of jurisdiction or on any ground for setting aside the common law of arbitration, in that it is not pretended that it is not a legally constituted board of arbitration, or that the statute under which it is organized was invalid, or that the board traveled beyond the scope of the matters properly submitted by agreement of parties.

As we read the exceptions filed in the lower court they refer to and are based upon the declaration of the chairman and opinions of the arbitrators upon questions of law not necessarily affecting the award made.

II.

The second assignment of error seems to relate to questions of law not affecting the legality of the arbitration proceedings or the conclusiveness of the award.

The case shows that the aribtrators complied with all the requirements of Section 7 of the controlling Act of Congress, and heard all the evidence, statements and arguments offered by the parties, and made their award. If in addition thereto the arbitrators gave reason for their award and therein expressed views as to questions of law or fact more or less involved in and connected with the matters in controversy it is immaterial. The award was signed by all the arbitrators, although one excepted as to a part thereof, and whether the reasons were sound or unsound they in no way vitiated the effect or legality of the award. In the law under which the arbitration was held the duties of the arbitrators are clearly defined and it is expressly provided that "in its award or awards the said board shall confine itself to findings and recommendations as to the questions specifically submitted to it or matters directly bearing thereon."

The arbitrators are called to find and make an award, and are not called to give reasons or arguments on either law or the facts.

We think the case was properly brought to this Court by appeal. See Story v. Black, 119 U. S., 235; Idaho and Oregon Land Company v. Bradbury, 132 U. S., 514 The judgment of the District Court is affirmed.

The writ of error is dismissed.

(Original filed Oct. 30, 1914.)

UNITED STATES CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. I, Frank H. Mortimer, Clerk of the United States Court of Appeals for the Fifth Circuit, do hereby certify that the foregoing three pages numbered 1 to 3, inclusive, contain a true copy of the opinion of the Court in the case of GEORGIA AND FLORIDA RAILWAY COMPANY,

Appellant and Plaintinff in Error,

BROTHERHOOD OF LOCOMOTIVE ENGINEERS, AND BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN,

Appellees and Defendants in Error, as the same remains upon the files and records of the said United States Court of Appeals.

IN TESTIMONY WHEREOF, I hereunto subscribe my name and affix the Seal of said United States Circuit Court of Appeals, at the City of New Orleans, Louisiana, this 31st day of October, A. D. 1914.

(Seal)

(Signed) FRANK H. MORTIMER,

Clerk of the United States Circuit Court of Appeals for the Fifth Circuit.

IMPORTANT TO RECORDING SECRETARIES
AND ALL MEMBERS

Facts With Which All Should Be Familiar

cases members will wait until they have missed two month's Magazines before writing the Magazine office about the matter, and when they do write they very naturally and justly demand that the back numbers they have missed be sent them, and in case an entire issue of the Magazine for such months has been exhausted and we are unable to comply with this request, much dissatisfaction results.

Much unnecessary work and trouble have been occasioned both the Magazine office and a large number of members because some recording secretaries when correcting lodge mailing list proofs sent them by the Magazine office enter thereon the former addresses of such members instead of their present address. This occurs in this way. Some members when moving notify the Magazine office of their new addresses but fail to notify their recording secretaries. Then when these recording A great deal of trouble, confusion, unsecretaries are correcting the mailing list necessary work and correspondence have proof of their respective lodges sent them been occasioned the Magazine office and from the Magazine office, believing the ad- much annoyance caused the members indresses on their own lists to be correct terested as a result of some recording secchange the Magazine office mailing list retaries entering incorrect addresses on proof to agree therewith. Thus they the lodge mailing list proofs sent them by enter the former instead of the present the Magazine office and it would seem that addresses of those members who have no- there is but one way to guard against tified the Magazine office of their latest this in the future and that is for recordaddress, but have failed to notify their re- ing secretaries before correcting these cording secretaries. Then when these proofs to check up their own lodge lists proofs are "worked," at the Magazine of by ascertaining from each member his fice these incorrect addresses are recorded latest and correct address. Unless this on our index card file and the next issue is done the plan of keeping our mailing of the Magazine is sent to these members list corrected by sending these lodge mailat wrong addresses. The postmasters being ing list proofs to recording secretaries unable to deliver their Magazines to these will to this extent defeat its own purpose. members at those addresses notify us to drop their names from our list. These After carefully considering all methods members then on failing to receive their that can be adopted for keeping the mailMagazines and realizing that they have ing list as correct as a mailing list can notified us as to their latest address con- be kept and insuring as far as possible clude that their copies of the Magazine the delivery of the Magazine to every have not been sent them. In some such member the Editor is firmly of the opin

ion that the plan suggested in the October Magazines continue for several months to issue under the title, "Recording Secre- be sent to these members at the wrong tary and Postmaster Arrange Plan to addresses and are ultimately disposed of Properly Dispose of Undelivered Maga- as waste paper. zines," will prove the most effective. That Postmasters generally are desirous that plan is for the recording secretary of all mail reaching their postoffices be deevery lodge to arrange with his postmas- livered to the persons for whom it is inter to hold all undelivered Magazines for tended. In fact we are sure that there him each month. Thus will the secretary is not a postmaster who would object to have an absolutely correct list of the turning over undelivered Magazines to members of his lodge whose addresses are incorrect on the mailing list at the Maga- the recording secretary of a lodge once zine office. With these members he can he is satisfied as to the authority of that arrange to get in touch and notify the lodge officer to receive same. We would Magazine office of their correct addresses earnestly request the co-operation of all and record same on his own lodge mailing recording secretaries in this particular list. There is always a small proportion and will greatly appreciate any assistof members off the Magazine mailing list ance they may render in helping to have simply because of having moved and fail- the Magazine reach every member every ed to notify either the Magazine office or month. their recording secretaries of their new addresses. The postmaster then being unable to deliver their Magazines notifies us to drop their names from our list. As there are no stencils kept in the stencil list for these members their names do not appear on the lodge mailing list proofs sent the recording secretaries, which is our reason for requesting recording secretaries to add to these proofs the names of any members of their respective lodges not appearing thereon. Absence of such names from these mailing list proofs indicates that these men are off the Magazine mailing list and by adding the names and addresses of such members to the mailing list proofs and notifying us as to the correct addresses of those members whose Magazines remain at the postoffice undelivered each month the addresses of all members whose addresses are ascertainable will be kept correct both by the recording secretaries and by the Magazine office.

Indiana Legislative Board Meeting

A call has been issued for the next Biennial Meeting of the Indiana Legislative Board which will convene on December 8th at 8:30 a. m. at the Oneida Hotel, Indianapolis, Ind.

Announcement by National Joint Legislative Bureau of Information, This is to advise our members that from time to time there have been directed to the lodges and divisions of the train service organizations, at the request of the Joint Legislative Bureau of Information, copies of the Weekly News Letter published by the American Federation of Labor, at Washington, D. C. This was done during the past session of Congress when items appeared in the News Letter dealing with National legislation of general interest and special importance to our members.

It is recommended that members read these copies of the A. F. of L. News Letter, which are received and filed by the lodges and divisions, as they contain interesting and beneficial information for all workers.

After once getting the Magazine mailing list correct-the names of all members with their latest addresses recorded thereon-said list can, we believe, be kept correct by the recording secretaries ascertaining each month the addresses of members whose Magazines remain undelivered at their respective postoffices, and notifying us of same which should obviate the necessity for the Magazine office sending lodge mailing list proofs to the A. recording secretaries for correction.

H. E. WILLS,

G. C. E. and Legislative Representa-
tive, B. of L. E.

W. M. CLARK, Vice President,
Legislative Representative, O. R. C.
P. J. MCNAMARA, Vice President,
Legislative Representative, B. of L. F.
and E.

There is a small proportion of postmasters who for quite a length of time fail to notify us of being unable to deliver Magazines to members who have changed their addresses without notifying either the Magazine office or their record- VAL FITZPATRICK, Vice President, ing secretaries, and in such cases their Legislative Representative, B. of R. T.

CHRISTMAS MEDITATIONS

BY ADELBERT CLARK

Across the hills the setting sun.
A crimson glory flung,

And in the trees, yes, every one,
A snowbird sweetly sung.

For lo! 'twas merry Christmas day,
And from the early morn,

Young hearts and old forgot life's fray,
Since Christ to them was born..

Once more as in the days of old,
They saw the manger bed,

And like the morning's mist of gold,
The halo o'er His head.

And yes, they saw the holy star
That faded in the morn,

And now the sunset left a scar-
But Christ to them was born.

Across the hills the setting sun

Was like a sea of gold

With crimson roses, one by one,

Just ready to unfold.

And though 'twas gone that happy day

Which holly-wreaths adorn,

They knelt to meditate and pray,

Since Christ to them was born.

Sister Strong's Home Robbed.

It is with deep regret we learn of the robbery of the home of the worthy editress of our Ladies' Department, Sister Agnes G. Strong. While Sister Strong was at church on the evening of Sunday, November 15th-Brother Strong being absent on his run-burglars ransacked their home and succeeded in getting away with a diamond and five other valuable rings, a new solid gold watch and considerable other jewelry, also $55.00 in money and other property. The perpetrators of the robbery left no clew. It is to be hoped that they will be soon apprehended and Sister Strong's money and property restored to her.

Sparks.

Recording secretaries and all members are specially requested to read the editorial in the Brotherhood Department of this issue entitled, "Important to Recording Secretaries and Members-Facts With Which All Should Be Familiar."

"The White Star of Heaven" is the title of a beautiful and inspiring sacred song recently composed by Adelbert Clark, author of the poems appearing monthly in our Magazine. The music is by the Canadian composer, W. Francis

Firth. The price of the song is 35 cents per copy. Orders should be sent direct to Francis Firth Music Co., 23-25 Farmer Street, Detroit, Mich. As the song is specially appropriate for Christmas time, orders for it should be sent in early.

Treasurer, Peoria, Ill., for one of the twenty-five-year lapel buttons provided for by the Twenty-sixth Convention (Washington, D. C.).

Brothers, be sure to advise the Magazine office promptly of your change of address so that your Magazine can be directed to you properly each month. Neglect of this very important matter is sure to result in your Magazine failing to reach you regularly and causes the Magazine office much extra work.

Brothers, if you know of a non-union fireman who is eligible to membership, furnish him with an application blank and see that he joins the "Tried and True" as soon as possible.

A large proportion of the members of our Brotherhood will purchase one or more books for Christmas gifts. Why not buy a copy of "Sparks and Cinders," a book containing many poems written expressly for our Magazine by Brother J. Alex. Killingsworth of Charity Lodge

No. 5? Price, $1.25, postpaid to any part of the United States or Canada. Special inducements offered to members of the Brotherhood who may wish to accept an agency. Address, J. Alex. Killingsworth, St. Thomas, Ont, Canada.

Why not earn a little extra money by soliciting subscriptions for the B. of L. F. and E. Magazine? Write John F. McNamee, Editor and Manager, Traction Terminal Building, Indianapolis, Ind., for full particulars.

Brothers: Kindly read carefully noWe cannot give attention to letters or articles of any kind whatever sent us for tice appearing at the head of the Brothpublication unless signed by the writer erhood Department before sending matter We to the Magazine office for publication. of same as evidence of good faith. have no time for annonymous communications.

The proposed amendment to Article 12 of the Constitution of the State of Michigan, known as Section 10, to the objecA set of 12 colored charts of the No. 6 tionable nature of which attention was ET Locomotive Brake Equipment in its called in our October and November isdifferent operative positions, together sues and which was submitted to the with descriptive matter and a piping dia- voters of that State at the election held gram of the LT Automatic Control on November 3d last, was defeated by Equipment, may be obtained for 35 cents. Remit to John F. McNamee, Editor and Manager, Traction Terminal Building, Indianapolis, Ind.

the very decisive majority of over two hundred thousand.

As the Directory is corrected up to the 10th of February, May, August and November, all notifications of changes of Brothers who have been members of address, etc., to appear therein should the "Tried and True" continuously for be in the hands of the General Secretary twenty-five years should apply to Bro. and Treasurer not later than the first of A. H. Hawley, General Secretary and the months named.