The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1918-11-22
MAOOO IS MAN TO
SUE NOW AND NOT
RAILROAD COMPANY
All Court Procedures Are to Be
Brought Against Director Gen.
eral Is New Ruling Made by
Washington.

\ number 81 Albuquerque lawyers
have received from the United states
railroad administration a general or
der which outlines the procedure In
all actions at law. suits IN equality
and proceedings IN admiralty. which
Ia the future must be brought against,
the director general n not against
h railroad company The formal or
der follows.
Whereas los the proclamattous da,
ed December 20, 1917 and April
1915. the president took possession
and assumed control of systems OF
transportation and the appurtcnauces
thereof and appointed william q
McAdpu director general Of railroads.
and provided in aud hy said pruclhmd-
tiuua that until and except 80 far as
said director shall from time to time
otherw isc by general or special orders
determine such systems uf ~transporta-
ton shall email subject To- all CNist
ing stttutes and orders Of the inter.
state commerce commission and to all
statutes but any orders, general ot
special hereafter made 10y said dircc-
tor shall have paramount authority
aud n, obcycd as such and
Whereas the Act of Congress. called
the Federal Control Act approved
March -, 1878. provided that car
ricrs while under federal control shall
Ice subject To- an laws ana liabilities
1s common carriers. whether arising
under stats or federal laws or AZ COM.
mon law except in 81 far as may be
Inconsistent with the provisions Of
this act or any other act applicable
TO such federal control or with amy
order ~ the president u
Whereas since tho director general
assumed control Of said systems uf
transportation. suits are being brought
n judgments and DEGREES rendered
against carrier corporations ON mat
tiers based ON causes Of action aris-
ing during federal control Tor which
the suid carrier corporations are not
responsible. and II h right ana proper
hat tho actions. suits % proceed
inEs hereinafter referred Co. based ON
causes ~ action arising during cor out
Of federal control should DE h:ouEht
directly against the said director gen
"rnl uf railways and not against slid
corporations
It is therefore ordered that actions
at law. suits ~ equity, and proceed
inEs iu admiralty hereafter hruu sni
In any court based on contract. hiuI-
ing upon the director general OF rul-
roads. claim FOR death ur injury e.
person. or Tor loss ard damage 20
property. arising sine" December 10
1917. and growing pat Of the posses
sion. use. control ct operation OF .HN
railroad or system Of transportation
hV the director general ut railroad
which action suit. ur proceeding net
for federal control might have ho'n
brought against the carrier company
shall bee brought against WilliHm q.
McAdou. director general Of railroads
and not otherwise, provided, however.
that thls order shall NOT apply 90 are
tiona, suits. or proceedings Tor th,
recovery OF fines. penalties. and l1t-
textures
Subject To- tho provision NJ -"ur.t'
ORDER numbered is. l,-N and 90
heretofore issued log the dirtrto. s.Iu
cral OF railroads. service ~ pru,D.t .'
any such action, suit ur proceeding
may bc mad" pou operating off,' ils
operating fut the director general Of
railroads. the railroad on other cIstl"r
Ia respect Of which the cause ~ sc-
ton arises iu TIM same WAY as ser
vice was heretofore mudy upon Ike
operating officials Cor such railroad or
other carrier COMPANY.
The plvldinC~ tu tll such action
at law suits I'm equity, vr proceedings
I'm admiralty. nov pending dgdtnst any
carrier company tor 70 cauf, d action
arising sine" December 81. 1917. hts.
cd anon a aust %. action arising from
or nut 81 the operation ut amy rail
i,. or other carrier. may 30 Hpplirn-
tiub %, amended hy suhti'tutiuE the
3'rcctor general of railroads for the
cttricr rompBuv ts party defendant
ana ,lsmissIng the company there
from.