Senator DONNELL. And Mr. W. P. Kennedy is general secretary and treasurer? Mr. SEE. That is right. Senator DONNELL. Does that organization issue a publication known as the Railroad Trainman? Senator DONNELL. I have in my hands the December 1947 issue of that publication, which someone handed me a few minutes ago. I did not observe who it was. Mr. SEE. Mr. Gibson, of the Santa Fe. Senator DONNELL. Mr. Gibson of the Santa Fe, all right. That shows at page 423 the following. It covers the equivalent of two columns and is about, I should judge, 42 to 5 inches in depth. It reads: Legal counsel: The following are the names and addresses of counsel: General counsel, W. A. Endle, 1322 Standard Building, Cleveland 13, Ohio. Regional counsel: Parnell Black, suite 530, Judge Building, Salt Lake City, Utah; Davis, Michel, Yaeger & McGinley, 610 Baker Building, Minneapolis, Minn.; Tom Davis and William H. De Pareq, suite 1332, 33 North La Salle Street, Chicago, Ill.; Frank C. Hanley, 130 Yeon Building, Portland, Oreg.; Edward B. Henslee, 457, suite 810, 139 North Clark Street, Chicago, Ill.; Clifton Hildebrand, 71, 1212 Broadway, Oakland, Calif., and 312 A. G. Bartlett Building, 215 West Seventh Street, Los Angeles 14, Calif.; Jackson, Rives & Pettus, 818-821 Massey Building, Birmingham, Ala.; King, Jacobs & Davis, 1802 Sterling Building, Houston 2, Tex.; Thomas J. Lewis, 7201, 1510 First National Bank Building, Atlanta 3, Ga.; Francis L. McElroy, 707 State Tower Building, Syracuse, N. Y.; Joseph B. McGlynn, 800 Spivey Building, East St. Louis, Ill.; Thomas C. O'Brien, 486, 11 Beacon Street, Boston, Mass.; W. W. Ramsey, 717, 711 First National Bank Building, Vicksburg, Miss.; Payne H. Ratner, Union National Bank Building, Wichita, Kans.; Bernard M. Savage, 521 Title Building, St. Paul and Lexington Streets, Baltimore, Md.; Marvin B. Simpson, suites 709-710 Fort Worth National Bank Building, Fort Worth, Tex. That magazine is circulated to all of your 190,000 members, is it? Mr. SEE. It is circulated to more than that, Senator. It is circulated to about 218,000 or 219,000 members. We have from 15,000 to 18,000 members in the Dominion of Canada and Newfoundland. Then in addition to that, we have several thousand members of the brotherhood who are not employed by interstate common-carrier railroads but are employed by bus companies, bus operators. Senator DONNELL. Does a similar announcement appear in each issue of this publication? Mr. SEE. I could not say whether it does or not, Senator. I know it does sometimes, but I could not say whether it does in each issue or not. Senator DONNELL. That is all. Senator MOORE. Do you have another witness? Mr. SEE. We have Mr. Atherton, but he will not be ready until in the morning. Senator MOORE. Is there any other witness here for the opponents or proponents, either one? We could take them. I would have liked to proceed with the testimony this afternoon, but I am compelled to postpone these hearings until next Tuesday at 10 o'clock. I hope that will not inconvenience anybody from a distance who came here to testify, but it seems that we have to leave this open for a little while, anyhow, under an agreement we have made with Senator McGrath and, also, I think, Congressman Jennings. Mr. FREELS. Do I understand, Senator, that we will adjourn until next Tuesday and Mr. Atherton will be here at that time? Senator MOORE. I assume so, yes. I just inquired. Mr. SEE. Judge Atherton is from Washington. He expects to be here for a week or 10 days, so putting it over until Tuesday will not inconvenience him at all. Senator MOORE. Did you have something else to suggest, Mr. Freels? Mr. FREELS. I do not think so at this time, Senator. Senator MOORE. Either Senator Donnell or I will hear Senator Jackson tomorrow morning at 9:30, following which we will postpone these hearings until Tuesday of next week at 10 o'clock. That will be the 13th of January. (Thereupon, at 2: 25 p. m., a recess was taken until 9:30 a. m. Friday, January 9, 1948.) LIMITATION OF VENUE IN CERTAIN ACTIONS BROUGHT UNDER THE EMPLOYERS' LIABILITY ACT FRIDAY, JANUARY 9, 1948 UNITED STATES SENATE, SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY, Washington, D. C. The subcommittee met at 9:30 a. m., pursuant to adjournment, in room 424, Senate Office Building, Senator Forrest C. Donnell, presiding. Present: Senators Moore (chairman of the subcommittee) and Donnell. Senator DONNELL (presiding). The committee will come to order. STATEMENT OF SAMUEL D. JACKSON, FORT WAYNE, IND., REPRESENTING THE INDIANA STATE BAR ASSOCIATION Senator DONNELL. I will ask you a preliminary question or two. Will you please state your name and address? Mr. JACKSON. Samuel D. Jackson. Senator DONNELL. Your address? Mr. JACKSON. My office address is 1335 Lincoln Bank Tower, Fort Wayne, Ind. Senator DONNELL. For whom do you appear this morning? Mr. JACKSON. The Indiana State Bar Association. Senator DONNELL. Are you connected with that association and, if so, in what capacity? Mr. JACKSON. I am not now an official. I have been in the past, but I am not now. Senator DONNELL. What official capacity have you occupied in that association? Mr. JACKSON. A member of the board of directors. Senator DONNELL. How large a portion of the lawyers of Indiana are members of that organization? Mr. JACKSON. Well in excess of half of them. Senator DONNELL. It is a State-wide organization, I judge, from the name. Mr. JACKSON. A State-wide organization. Senator DONNELL. And has been in existence quite a number of years; is that correct? Mr. JACKSON. I do not know how many, but I suspect from before the Civil War days. Senator DONNELL. For the record, would you tell us, please, the length of time and the dates when you were a member of the United States Senate? Mr. JACKSON. Yes; I was a member of the United States Senate from the month of January to the end of the month of November in the year 1944. Senator DONNELL. Under appointment? Mr. JACKSON. Under appointment to serve the portion of the unexpired term of Senator Van Nuys. Senator DONNELL. Now, Senator, if you will be kind enough to proceed in your own way with any statement that you may have in regard to this pending bill, we will be obliged to you. Mr. JACKSON. I think the lawyers by and large have been either acutely or vaguely aware of the contents of the Jennings bill since the beginning of its history, and for some time prior to that trial, lawyers have been interested in the Federal Employers' Liability Act. We have been watching the result of the venue and jurisdiction deficiency of the act which the Jennings bill is designed to correct. In the beginning of course, there were just grumblings among the lawyers, and they got their heads together and talked about it. Then, the bar association from time to time and from place to place in the various counties and various States had their attention called to the act and they passed resolutions favoring the bill. Likewise, in Indiana many counties have had their county organizations pass resolutions favoring the bill and have written the Congressmen and Senators. Senator DONNELL. Senator, how does it happen you are present this morning for your State association? Is it by reason of a resolution? Mr. JACKSON. The president of the association, Verne G. Cawley, was not able to come, and he wrote me a letter and asked me to appear on behalf of the association and to testify as best I could in support of the Jennings bill. I brought with me a copy of his letter and I would like to make that a part of the record, if you wish. Senator MoORE. Yes. Mr. JACKSON. The president of the Indiana Bar Association at this time is Verne Cawley, a very fine lawyer of Elkhart, Ind. (The letter referred to follows:) Hon. SAMUEL D. JACKSON, Fort Wayne, Ind. THE INDIANA STATE BAR ASSOCIATION, DEAR MR. JACKSON: You will recall that the Jennings bill, H. R. 1639, was passed by the House of Representatives at the last session of Congress. This bill, as you know, undertakes to fix the jurisdiction in which actions brought under the Federal Employers' Liability Act may be instituted. There is now pending in the Senate bill No. 1567 introduced by Senator Alexander Wiley, and undertakes, as the Jennings bill did, to prevent the illicit transportation of this class of cases to foreign jurisdictions. A hearing on the Senate bill is fixed beginning January 7, 1948, at 10 a. m., room 424, Senate Office Building, before the Judiciary Committee of which Senator Wiley is chairman. I find it impossible to attend this hearing, but feel that the association should have representation. May I, therefore, request that you as the representative of the Indiana State Bar Association attend this meeting, and present to the committee, in support of said bill, such facts as are deemed advisable. If you find it possible to render this service in behalf of the association, this letter shall constitute your authority for so doing. Very respectfully, VERNE G. CAWLEY, President. |