Fenstemacher v. Pennsylvania R.

DICKINSON, District Judge.

This motion is a challenge of the existence of a cause of action (1) in the plaintiff and (2) against the defendant, and incidentally, or at least in addition, urges (3) that the act of Congress cited as the Transportation Act (Comp. St. Ann. Supp. 1923, § 10071% et seq.), providing for what is known as the Labor Board, is unconstitutional; (4) that the order of the board in question *211was made without authority; (5) that neither the board nor'the courts have any jurisdiction of the subject-matter of the dispute set forth in the bill; and (6) that the courts are…