...while under Federal control shall be subject to all laws and liabilities as common carriers * * *. Actions at law or suits in equity may be brought by...instrumentality or agency of the Federal government," thus recognizing, as it Opinion, per ROBINSON, J. would seem, not that the term carrier necessarily...

...rests wholly upon the following provision of section 10 of the Federal Control Act (section 311u%j) : "That carriers while under federal control shall be...instrumentality or agency of the federal government. * * * But no process, mesne or final, shall be levied against any property under such federal control."...

...arising under State or Federal laws or at common law, except in so far as may be consistent with the provisions of this Act or any other act applicable...instrumentality or agency of the Federal Government." The purpose of Federal control was the promotion of the enterprise of war ; and, in his proclamation...

...Control Act was enacted. Its pertinent provisions are : "That carriers, while under federal control, are subject to all laws and liabilities as common carriers,...instituted by or against it, which action was not so transferrable prior to the federal control of such carrier." • By the term "carriers while under...

...laws or at common law, except in so fur as may be Inconsistent with the provisions of this act or of any other act applicable to such federal control or...instrumentality or agency of the federal government. * * * No process, raesne or final, shall be levied against any property un>r such federal control."...

...rendered as now provided by law, and that in any action at law or suit in equity against the carriers no defense shall be made thereto upon the ground that...to have transferred to a federal court any action instituted by or against it which action was not transferable prior to federal control, etc., operate...

...control is limited and defined, and it is provided that in actions or suits no defense shall be made upon the ground that the carrier is an instrumentality or agency of the federal government. There is no provision under which the employes of the railroad companies were made the employes of...

...10 (US Сотр. St 1918, g 3115% j) provides: "That carriers while under federal control shall bo subject to all laws and liabilities as common carriers,...instrumentality or agency of the federal government: * * * Provided, however, that when the President shall find and certify to the Interstate Commerce...

...and he refers to the concluding sentence of Sec. 10, as supporting this view, said sentence reading: "And In any action at law or suit in equity against...instrumentality or agency of the federal government" He argues that this provision was necessary to give a right of action against a governmental agency,...

...this act or any other act applicable to such federal control or with any order of the Presi- j dent. Actions at law or suits in equity may be brought by...instrumentality or agency of the federal government." Chapter 25. § 10, 40 Stat. 456 (U. S. Сотр. St. 1918, § 3115%j). If the word "carriers" used...