The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1906-10-20
AFTER THERAILWAYS
Administration to Intervene
in Liability Suits.
MOODY ISSUES A STATEMENT
Government VIII BE Represented In
First Case Tried Under the En-
DIoyers' liability Act President
Rallies To support of Laws Con-
stitutiOnaIity and validity.

The administration yesterday shook IT'S
fist at the big railroads and save notice
Of its readiness for a fight After con
ferring with the President, Attorney Gen
eral Moody returned TO the Department
of Justice and prepared a written state
ment that il had been decided the govern
ment should intervene il the first cases
tried under the employers liability act.
This viii be done Tor the purpose of
supporting the constituuonality. validity,
and Interpretation OF this law
The steps that led up to this decision by
the President and his Attorney General
are quite as interesting as the decision it
self Some weeks ago an official, who en-
joys the acquaintance Of numerous rail
road men. was informed that a meeting of
railroad attorneys would be held at Louis
vile. KY. September q and 2S, TO discuss
the employers liability act. The meeting
was supposed TO be secret, but TWO spe-
ciaI reports of what was done were
brought to the official in this city. and by
him handed over this week TO Attorney
General Moody.
sixty Attorneys Were There.
1t seems that about sixty attorneys met
a. the Seeibach Hotel. in Louisville They
had different views about the law. some
thought that it was constitutional in its
entirely, and others that it was so only in
part The general purpose Of their rea-
sOning was that the law could not be in
terpreted as a regulation of interstate
commerce; that Congress had no power to
regulate the liability OF master 10 the ser
want in the absence of a statute fixing
al. a.. g Trs.r Inc
Then there is Ro common law of the
United States fixing the masters duty
10 the employee or vice versa, and u IS
claimed Congress has no power 10 say
that a plea Of culpable negligence shall
not avail I'm the carriers defense. chat
being a limitation and practical reversal
of the doctrine of culpable negligence
a number OF railroads We're represented.
among them the Southern. the Illinois
Central, and the Louisville and Nash
vile.
Joint Brief TO Be Used.
It was agreed 10 prepare a general
brief. which should be circulated among
the railroad attorneys for suggestions,
and eventually be used in the trial of
the first case brought. There are TWO
such cases under the new law in pros
pect- Ia one of these II is said the at
t0rneys feel confident OF a favorable de-
cision.
The Importance OF the government
meeting this movement at the start, so
as tc assure q presentation of the con
stitutionaI points by eminent authorities
on both sides, was impressed upon the
President, The same thing was done by
Attorney General Knox. who rushed to
the rescue of the safety appliance law,
and thereby its consututiOnality was final
IS established.
That is what the President has now
determined 10 do in the case Of the en-
ployers liability act and it is said the
Department Of Justice Will soon pre-
pare a brief in the case against the day
when the law is tested in some District
court. The brief can then be used by
the United States district attorneys.
Meanwhile all the district attorneys will
probably be notified to keep a watch
out for cases Of this character