The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1905-11-07
That Judge Walter Evans is to
Decide Here Nov. 20.
IL May Mean Thousands of Dollars
10 the Railroads IN the Years
10 Come.
MEANS MUCH TO LAWYERS. ALSO

The decision of Judge Walter Ev-
ans, OF the federal court for the
western district of Kentucky, in Il e
injunction suit of the Illinois Cen
trail against Attorneys Hendrick, Mil
Ter Marble, of Paducah, in the
Judson Fierce case is one of the most
important mat ever came up in the
state. The settlement of ths ques-
ion involved means many thousand
dollars to the railroads and the law
ELS OF the state.
There are many cases in the state
that will be affected by Judge Evans
decision. 1t used 10 be that any
damage suit against a foreign corpo-
alton, such as n railroad, could be
transferred from circuit court to tn
federal court, IL the amount sued for
was $4,000 or over. Attorneys al
ways filed their suits in the state
courts. and wh,n they came up they
would be transit rred on motion of the
railroad attorneys. to the federal
court. This was not pleasant for al
torneys In damage suits. because fed
eral court is bad place to work on
the prejudices oi ignorant jurors and
get damages against corporations
hat TOO often have to pay damages
when neither Legally nor morally liza
bic. Gases a.e decided On their mer-
its in federal court. and If person
Is entitled to damages he or she gets
L. and II not the judge promptly has
The case thrown out.
In recent airs a new plan was
adopted. Instead of bringing a suit
against a railroad or other non-resf-
dent co. porat ton, the petition would
be filed against the railroad and
against some employe, such as an en-
glneer, conductor. or fireman. In
this way one Of the employees became
joipt defendant and it is the rule
that when one of the defendants Is
idnt,y resident of the state with
he piaintiff, the case cannot be re
moved TO the federal coart.
When this question cana up 10
federal court as & was bound to do
federal cou { finally decided That the
making of engineers, conductors,
firemen and other employees defend
ants was mercy a subterfuge to keep
th cases from being tried in fedora
court, and assumed jurisdiction. \
number of cases have thus bsen TAX
on to federal court. tried and de-ld
cd for the defendants.
The court of appeals of Kentucky
axes issue with federal court, how
ever, and has decided that NO mat
Ter what federal court thinks about
Il, it had no jurisdiction. and the
cases may be tried In the state courts
The federal and state courts aro
consequently about to clash. The
'ls!roads, 10 protect their interests
and prevent a trial in the state
courts OF cases that they have already
won in federal court, have taken out
nJunctions in federal court against
the alto, neys in several of these
cases, and temporary injunctions have
been granted.
The question of permanent In
junction. which win finally settle the
cases, VITA be decided in paducah by
Judge Evans on Nov. 20. according
to the present program. If the at
torneys should disregard the order
Of Uncle Sans tribunal, it might G e.
SUIT in thei, being sent to jail
for contempt of court. A grest
deal of interest is felt in the
u,timate decision Of Judg Evans. Is
1t will mean much TO either eide.
A similar question was passed on
by the appellate court last Friday
The Courier-Journal says of II, UNI
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