Page:United States Statutes at Large Volume 47 Part 1.djvu/97

 12d CONGRESS. SESS. I. CH. 90. MAR CH 23,1932. 73 defined), the accused shall enjoy the right to a speedy and public venue. trial by an impartial jury of the State and district wherein the contempt shall have been committed : Provided, That this right When right to trial shall not apply to contempts committed in the presence of the court II ot available . or so near thereto as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or process of the court . Sec . 12 . The defendant in any proceeding for contempt of court De mand for retire mail of judge. may file with the court a demand for the retirement of the judge sitti ng in the proceedi ng, if th e contem pt arises from an attack up on the character or conduct of such ,judge and if the attack occurred elsewhere than in the presence of the court or so near thereto as to g interfere directly with the administration of justice. Upon the filing until ° anohertO Judge of any such demand the judge shall thereupon proceed no further, designated. but another judge shall be designated in the same manner as is pro- vided by law. The dema nd shall be filed prior to the hear ing in th e maid a °r filing de. contempt proceeding. SEc. 13. When used in this Act, and for the purposes of this Act- When case shall be (a) A case shall be held to involve or to grow out of a labor held t° involve l abor dispute when the case involves persons who are engaged in the same dispu te. industry, trade, craft, or occupation ; or have direct or indirect interests therein ; or who are employees of the same employer ; or who are members of the same or an affiliated organization of employers or employees ; whether such dispute is (1) between one Persons in dispute. or more employers or associations of employers and one or more employees or associations of employees ; (2) between one or more employers or associations of employers and one or more employers or associations of employers ; or (3) between one or more employees or associations of employees and one or more employees or associa- tions of employees ; or when the case involves any conflicting or co mpetin g inte rests in a " labor disput e " (as hereinafter defined) of ' persons participating or interested" therein (as hereinafter defined . When person shall be (b) person or association shall be held to be a person participat- held a parr y to dispute . ing or interested in a labor dispute if relief - is sought against him or it, and if he or it is engaged in the same industry, trade, craft, or occupation in which such dispute occurs, or has a direct or indirect interest therein, or is a member, officer, or agent of any association composed in whole or in part of employers or employees engaged in such industry, trade, craft, or occupation . (c) The term "labor dispute" includes any controversy concern- "Labor a". ing terms or conditions of employment, or concerning the association or repr esenta tion o f pers ons in negot iating, fixin g, mai ntaini ng, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relatio n of e mploye r and employ ee. (d) The term " court of the United States" means any court of State °~` toft heUn ited the Uni ted St ates w hose j urisdi ction has bee n or m ay be confer red or defi ned or limit ed by Act of Congr ess, in cludin g the courts of the District of Columbia. SEc. 14. If any provision of this Act or the application thereof to oN onsofa'ct. °r pro- any person or circumstance is held unconstitutional or otherwise invalid, the remaining provisions of the Act and the application of such provisions to other persons or circumstances shall not be affected thereby. Con111eting acts re SEc. 15. All Acts and parts of Acts in conflict with the provisions paled, of this Act are hereby repealed. Approved, March 23, 1932.