The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 142
xv, 1025 p. ; 23 cm.View a full description of this legislative document.
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250 FEDERAL REPORTER
city was forced-to bring a new action against the surety, which, I am
informed, has not, after two years, yet been brought to trial. Such
a procedure is a reflection on our system of jurisprudence. No con-
ceivable reason exists why the entire controversy should not be heard
and determined once and for all in one proceeding, and, in my opinion,
proper practice and pleading permit, if they do not require, that it
should be done.
The demurrer of the National Surety Company will be overruled,
An exception may be noted.
DOOLEY v. PENNSYLVANIA R. CO. (CHICAGO, ST. P., M. & O. RY. CO.
et al, Garnishebs).
(District Court, D. Minnesota, Fourth Division. May 10, 1918.)
L STATUTES ~W185---WA 10(2)--TAKING OF RAILROADS FOR WAB PUB.
POBES.
Under Act Aug. 29, 1916, e. 418, g 1, 89 Stat. 645, providing that the
President in time of war is empowered, through the Secretary of War,
to take possession and assume control of any system or systems of trans-
portation, and to utilize the same to the exclusion, as far as may be
necessary, of all other traffic, for the transfer and transportation of
troops, etc., or for such other purposes' connected with the emergency as
may be needful and desirable, the clause of the President's proclamation
relative to governmental control of railroads, dated December 26, 1917,
declaring that, except with the prior written assent of the Director Gen-
eral, no attachment by mesne process or on execution shall be levied
against the property used by any of said transportation systems in the
conduct of their business as common carriers, was warranted, for what
is implied in a statute is as much a part of it as what is expressed, and,
when a power is conferred, everything necessary to carry it out and
make it effectual will be implied, and it is obvious that governmental
control of railroads, to be effective, should be exclusive, and not subject
to interference by private parties.
2. WAR X10(2)-TAKING OF RAILROADS FOB WAR PUBPOR---PBEBIDENT'8
PBOOLAMATION.
Moneys constituting traffic balances fall within the clause of the Presi-
dent's proclamation of December 26, 1917, relative to governmental control
of railroads, declaring that, except with the prior written assent of the
Director General, no attachment by mesne process or on execution shall
be levied on or against any of the property used by any of said transporta-
tion systems in the conduct of their business as common carriers, and
cannot be garnished, for such funds constitute a revolving fund, appli-
cable to payment of necessary expenses in railroading, which is as essen-
tial as cars, engines, or coal.
S. EVIDENCE 4M20(2) UDICIIAL NOTICE-RAILOADs.
The court will take judicial notice that no railroad system can be sue-
cessfully operated without a revolving fund, available for the payment
of wages and for other necessary expenses in railroading.
At Law. Action by Avis Dooley against the Pennsylvania Railroad
Company, in which the Chicago, St. Paul, Minneapolis & Omaha Rail-
way Company and others were summoned as garnishees. On motion
=For other case see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38821/m1/157/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.