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LIMITATION OF VENUE IN CERTAIN ACTIONS BROUGHT

UNDER THE EMPLOYERS' LIABILITY ACT

HEARINGS

BEFORE A

SUBCOMMITTEE OF THE
COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

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S. 1567 and H. R. 1639
TO PROVIDE THE VENUE IN ACTIONS BROUGHT
IN UNITED STATES DISTRICT COURTS OR IN
STATE COURTS AGAINST INTERSTATE COMMON
CARRIERS BY RAILROAD FOR DAMAGES FOR

WRONGFUL DEATH OR PERSONAL INJURIES

JANUARY 7, 8, 9, 13, AND 14, 1948

Printed for the use of the Committee on the Judiciary

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON : 1948

72136

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ALEXANDER WILEY, Wisconsin, Chairman WILLIAM LANGER, North Dakota

PAT MCCARRAN, Nevada HOMER FERGUSON, Michigan

HARLEY M. KILGORE, West Virginia CHAPMAN REVERCOMB, West Virginia JAMES O. EASTLAND, Mississippi E. H. MOORE, Oklahoma

WARREN G. MAGNUSON, Washington FORREST C. DONNELL, Missouri

J. WILLIAM FULBRIGHT, Arkansas JOHN SHERMAN COOPER, Kentucky J. HOWARD MCGRATH, Rhode Island

HAROLD R. WILDE, Clerk

SUBCOMMITTEE ON S. 1567 AND H. R. 1639

E. H. MOORE, Oklahoma, Chairman FORREST C. DONNELL, Missouri

J. HOWARD MCGRATH, Rhode Island

CONTENTS

WEDNESDAY, JANUARY 7, 1948

Testimony of

Page

J. Carter Fort,

vice president, Association of American Railroads,

Washington, D. C...

9

W.J. Holloway, attorney for Santa Fe, Oklahoma City (appearance)... 14

John Freels, Illinois Central Railroad Co., Chicago, Ill-

14

Floyd E. Thompson, of Poppenhusen, Johnston, Thompson & Ray-

mond, Chicago, Ill..-

38

Johnathan C. Gibson, general counsel, Santa Fe Railway-

93

THURSDAY, JANUARY 8, 1948

Testimony of-

A. E. Lyon, executive secretary, Railway Labor Executives' Associa-

tion, io Independence Avenue SW., Washington, D.C. (resumed). 119, 154

Joseph H. Freehill, counsel, Railroad' Labor Executives' Association,

Washington, D.C.

122

narry See, national legislative representative, Brotherhood of Rail-

road Trainmen, 130 Third Street SE, Washington, D. C----- 157

FRIDAY, JANUARY 9, 1948

Testimony of -

Samuel D. Jackson, 1335 Lincoln Bank Tower, Fort Wayne, Ind.,

representing the Indiana State Bar Association --

165

TUESDAY, JANUARY 13, 1948

Testimony of-

Lewis G. Hines, national legislative representative, American Federa-

tion of Labor.

173

Hon. John_Jennings, Jr., a Representative in Congress from the

State of Tennessee.-

173

Frederick W. Brune, chairman, American Bar Association, committee

on jurisprudence and law reform, Baltimore, Md..

192

Warren Å. Atherton, representing the Brotherhood of Railroad

Trainmen..

215

John T. Corbett, assistant grand chief engineer and national legisla-

tive representative, Brotherhood of Locomotive Engineers, Cleve-

land, Ohio..

243

WEDNESDAY, JANUARY 14, 1948

Testimony of

John Ryan, representing Brotherhood of Railroad Trainmen, Wash-
ington, D. C....

247

Edward 'J. Devitt, a Representative in Congress from the State of

Minnesota-

248

Edward Dumbauld, Special Assistant to the Attorney General.

258

Russell Smith, representing the National Farmers Union..

260

APPENDIX

Statement of

Harry See, Brotherhood of Railroad Trainmen (memorandum brief). 275

Congressmen Clair Engle, Michael A. Feighan, and John A. Carroll

(memorandum in opposition to S. 1567, H. R. 1639 and Congress-

man Devitt's amendment).

272

Frederick W. Brune, American Bar Association (correction of his oral

statement).

273

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XL
06/96 53-005-00

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LIMITATION OF VENUE IN CERTAIN ACTIONS BROUGHT

UNDER THE EMPLOYERS' LIABILITY ACT

WEDNESDAY, JANUARY 7, 1948

UNITED STATES SENATE,
SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.O. The subcommittee met at 10:05 a. m., pursuant to call, in room 424, Senate Office Building, Senator E. H. Moore (chairman of the subcommittee) presiding.

Present: Senators Moore (chairman of the subcommittee) and Donnell.

Present also: Senator Langer.
Senator MOORE. The committee will come to order.

Let the record show that this hearing is the first meeting of a subcommittee composed of myself, as chairman, and Senators Donnell and McGrath of the Committee on the Judiciary, to consider H. R. 1639 and S. 1567, companion bills, providing for the venue of actions brought in the United States district courts or in State courts against interstate-commerce carriers by railroads for damages for wrongful death or personal injuries.

Senator McGrath has informed the subcommittee that he will be unable to be present at these hearings. He regrets that his official business necessitates his absence from the city at this time.

It is contemplated that additional hearings will be held tomorrow, January 8, and the following day, January 9, 1948, at the same time and place and that the record of these proceedings will remain open for receipt of additional substantiative material by both the opponents and proponents until and including January 15, 1948.

I wish to state at the outset that the immediate purpose of these hearings is to offer those interested an opportunity to testify to any changes or new developments since the consideration of the measure by the House Committee on the Judiciary. It is desired to avoid so far as possible a duplication of the House testimony.

Hearings were held before the House Committee on the Judiciary on March 28, April 1, 14, and 18, 1947. These hearings were printed bearing serial No. 4 of that committee. In addition three House reports were printed on the bill—one, the report of the majority in favor by Mr. Springer being House Report No. 613 dated June 19, 1947; the second a minority report against the bill by Mr. Devitt being House Report No. 613, part 2, dated June 20, 1947; and the third a minority views report by Mr. Feighan being House Report No. 613, part 3, dated June 26, 1947.

It occurs to me that the bill has had quite thorough consideration and that extensive hearings by this subcommittee are not necessary.

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