James Clark McReynolds

“ We cannot say the court below was clearly without jurisdiction to determine all the points presented. Moreover, by appeal in the ordinary way possible errors can be corrected, and there is no imperative reason for awarding a writ of prohibition. ”

“ The petitioner seeks a writ of prohibition or mandamus commanding the judges of the District Court, Southern District of New York, not to take further steps in an admiralty proceeding instituted by the New Jersey Shipbuilding & Dredging Company to recover from him for damage inflicted upon its scow by the Lehigh Valley Railroad Company's steam tug Mahanoy while under federal control, or in the alternative to direct vacation of an interlocutory order theretofore entered and dismiss the libel. ”

“ Involved in the cause are questions touching the liability of the Director General of Railroads, as Agent designated by the President under the Transportation Act of 1920 (41 Stat. 456) , for maritime torts committed by vessels under federal control, his power to enter appearance by counsel without prior service of process, and whether in the same proceeding he may take different and antagonistic positions, first as the agent of one railroad system and then of another. ”