The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1909-10-17
Judge Says Suits Must Be
Brought at Headquarters
of Defendant.
ADVANTAGE GIVEN
TO THE RAILROADS
Senator La Follette's Bill to Amend
Law Meets Difficulty
Raised.
By 7. c. WELLIvER.

The effort to place on the statue.
books a Federal employers liability
act that viii stand the test Of the
courts has met another serious backsct
This time Federal Judge Maxey. OF
Texas, IN a case at Il Paso, has held
that jurisdiction in such cases can be
secured only in the district of the de-
PENDANTS legal residence. On this
ground he declined TO take Jurisdiction
Of such an action. under the law. in his
district. and indicated that the suit
would have TO be brought at the head
quarters OF the railroad company.
This is accepted by the Interstate
Commerce Commission and Department
o. Justice authorities as a serious blow
at the law. especially In view OF the
fact that Judge Maxey's opinion Is gen
orally regarded as good law. and alto
gether likely TO be sustained.
Cases In Point.
It means that a man injured on rail-
road il Oklahoma, for instance. wouit
have to bring his suit in the district II
the legal headquarters Of the company.
Union Pacific cases would have 70 Be
started in Utah. Rock Island cases In
New Jersey, and Southern Pacific cases
in Kentucky. The difficulty Of starting
and sustaining suits 81 such fashion. IN
volving as It. would IN most cases the
removal OF witnesses and documentary
evidence, lawyers etc hundreds %
miles, is manifest.
The long and short Of the matter s
that, II this ruling is finally held goo.
as is expected. the employers liability
act which already mas been passed A
second time IN order 10 get around
decision Of the Supreme Court. viii have
to be reorganized once more
Judge Maxey did not file an opinion
in writing The suIt was under original
process in circuit court. He held that
where diverse citizenship alone vas al
lowed 10 give jurisdiction, the jUrisdic-
ton COuld De maintained IL the district
OF residence Of either plaintiff or defend
ant. but where's jurisdiction was sought
to be maintained where the petition al
legged q case arising under the laws OF
the United states, ana also alleged d.
be initiated in the district OF residence
OF The defendant. unless that privilege
be waived by defendant.
All Advantage to Defendant
This ruling gives all the edvautage ga
the defendant railroad company. It,
legal cori.s Is presumably maintained in
the district OF its residence. It Is very
likely. as experience Indicates. to have
more or less friendly judges there. Tie
plaintiff can seldom afford to take III
grave financial risk involved in csFrSsYtE
his case so far from his home
The decision IF judge MaXey brings t.
the front the Diii which Senator "a pol
lette introduced two years ago, TO amend
the jITisdiCtiGnlI statutes. He PROPOSED
that Tor the purpose o. legal proceed
uRS. interstate railroads should be r.
a. q -TfEa in
within which their lines operate, and
subject 10 action therein This wCuld
meet exactly he difficulty which has
been raised by the MaXey decision.
Senator Ia Toilette has never hssu
Z Die TO get his bill out of Commits,
and Il has been regarded as hopeless.
SUIT the MaNey decision brings & for
waT3 as an obvious and logical solution.
ana with more powerful backing than
il has had heretofore.