Page:United States Statutes at Large Volume 49 Part 1.djvu/968

 7 4TH CONGRESS. SESS. I. CII. 774. AUGUST 27, 1935. 923 n In proceedings under this section, claims for personal injuries Claims for personall injuries to em ploye es. to employees of a railroad corporation, claims of personal representa- tives of deceased employees of a railroad corporation, arising under State or Federa l laws, and claim s now or hereafte r payable by sureties upon supersedeas, appeal, attachment, or garnishment bonds executed by sureties withou t security for and in any action brought agai nst s uch r ailro ad co rpora tion or tr ustee appo inted purs uant to this section, shall be pref erred against and paid out of the assets of such railroad corporation as operating expenses of such railroad. No judge or trustee acting under this Act shall change the wages v'ages and working or working conditions of railroad employees except in the manner C0Vol. 48 Sp. 1195 . prescribed in the Railway Labor Act, as amended June 21, 1934, or as it may be hereafter amended. No reorganization effected under this Act and no order of the court or Commission in con- nec tion there with shall reli eve a ny ca rrier from the oblig ation of any fina l jud gment of a ny Fe deral or S tate court rend ered prior to January 1, 1929, against such carrier or against one of its predeces- sors in title, requiring the maintenance of offices, shops, and round- houses at any place, where such judgment was rendered on account of the making of a valid contract or contracts by such carrier or one of its predecessors in title. (o) The trustee or trustees, from time to time, shall determine Reorganization plans. what lines or portions of l ines of railroad and what other property o fp or ti on s. men te rsa le of the debtor, if any, shou ld be abandoned or sold during the pend- ency of the proceedings in the interest of the debtor's estate and of ultimate reorganization but without unduly or adversely affecting the public interest, and shall present to the judge petitions, in which other parties in interest may join, for authority to abandon or to sell any such property ; and upon order of the judge made after a. hearing pursuant to such re asonable notice by publication or other- wise as the judge may direct to parties in interest, authorizing any such abandonment or sale, but only with the approval and authori- Approval, etc., neces- zation of the Commission when re uired by the Interstate Commerce sary. q Vol.41,p.456;L.S. Act as amended February 28, 1920, or as it may be hereafter C., p.2238. amended, the trustee or tru stees shall take all steps and carry out all proceedings necessary for the consummnation of any such aban- donment or sale in accordance with the order of the judge. Any such order of the judge shall be a final order for the purposes of appeal. The judge may order and decree any sale of property, whet her o r not inci dent to an aban donme nt, t inder this subs ectio n at public or private sale and subject to or free from liens. The Use of proceeds fr om proceeds derived from any such sales shall be received by the trustee propert y sales . or trustees subject, in case the property was sold free from lien, to any liens thereon at the time of sale, and shall be applied or disposed of in such manner as the ju dge by further order shall direct . The expense of such sale shall be borne in such manner as the judge may determine to be equitable. The judge may order the trustee or trustees of the debtor to deposit such proceeds with any mortgage trustee entitled thereto, to be applied in payment of all or part of su ch mort gag e. (p) It shall be unlawful for any person, during the pendency of Pro xies. proceedings under this section or of receivership proceedings against a railroad corporation in any State or Federal court, (a) to solicit, Soliciting, use, etc. or permit the use of his name to solicit, from any creditor or share- holder of any railroad corporation by or against whom such pro- ceedings have been institut ed, any proxy or authorization to repre- sent any such creditor or s hareholder in such proceedings or in any matters relating to such proceedings, or to vote on his behalf for or