Louis Brandeis

“ It is urged that, since section 10, in terms, continues the liability of 'carriers while under federal control' and permits suit against them, it should be construed as subjecting the companies to liability for acts or omissions of the Railroad Administration although they are deprived of all power over the properties and the personnel. ”

“ By the establishment of the Railroad Administration and subsequent orders of the Director General, the carrier companies were completely separated from the control and management of their systems. Managing officials were 'required to sever their relations with the particular companies and to become exclusive representatives of the United States Railraod Administration.' U.S. R. R. Adm. Bulletin No. 4, pp. 113, 114, 313. The railway employees were under its direction and were in no way controlled by their former employers. ”

“ A statute of Arkansas provides that whenever a railroad company, or a receiver operating a railroad, shall discharge an employee, with or without cause, it shall pay him his full wages within seven days thereafter and that if payment is not duly made 'then as a penalty for such nonpayment the wages of such servant or employee shall continue from the date of the discharge or refusal to further employ, at the same rate until paid.' Kirby's Digest, § 6649, as amended by Act of 1905, No. ”

“ As the Federal Control Act did not impose any liability upon the companies on any cause of action arising out of the operation of their systems of transportation by the government, the provision in Order No. ”

“ Smith (C. C. A.) 270 Fed. 132. Contra, Jensen v. Lehigh Valley Ry. Co. (D. C.) 255 Fed. 795; Johnson v. McAdoo (D. C.) 257 Fed. 757; Dampskibs v. Hustis (D. C.) 257 Fed. 862; The Catawissa (D. C.) 257 Fed. 863. The cases in the state courts show a considerable diversity of view. ”