Louis Brandeis

“ The federal Employers' Liability Act does not modify in any respect rights of employes against one another existing at common law. To deny to a plaintiff the right to join in one count a cause against another employe with a cause of action against the employer in no way abridges any substantive right of the plaintiff against the employer. The argument that plaintiff has been discriminated against because he is an interstate employe is answered, if answer be necessary, by the fact that the Supreme Court of Georgia had applied the same rule in Western & Atlantic R. R. et al. ”

“ The plaintiff then applied to this court for a writ of certiorari on the ground that he had been denied rights conferred by federal law, and the writ was granted.
Whether two causes of action may be joined i. e. single count or whether two persons may be sued in a single count are matters of pleading and practice relating solely to the form of the remedy. When they arise in state courts the final determination of such matters ordinarily rests with the state tribunals, even if the rights there being enforced are created by federal law. ”

“ It is only when matters nominally of procedure are actually matters of substance which affect a federal right, that the decision of the state court therein becomes subject to review by this court. Central Vermont Railway Co. ”