brotherhood trainmen baltimore argued may decided june appeal district northern district illinois eastern division brotherhood trainmen baltimore burke williamson chicago appellant ernest ballard chicago appellees justice murphy delivered opinion concern intervention rights representatives railroad employees suit brought railroad interstate commerce act origin suit found order issued interstate commerce commission may chicago junction case see also chicago junction case commission approved purchase new york central railroad central capital stock chicago river indiana railroad river road also authorized leasing river road properties chicago junction railway junction years thereafter lessee option perpetuity among properties question trackage switching facilities union stock yards chicago illinois connecting various trunk lines prior commission order practice trunk line railroads use power crews move empty loaded livestock cars tracks loading places union stock yards privilege moving cars railroads charged per car loaded empty commission made various conditions approval proposed transactions third condition provided present traffic operating relationships existing junction river road carriers operating chicago shall continued far matters within control central condition still effect commission decision order found valid binding parties proceeding district trunk line railroads continued use power crews moving livestock cars trackage operated river road paid river road amount per car january central river road notified railroads february cars moved trackage means power crews river road handling charge per outbound loaded car soon new practice went effect trunk line railroads appellees herein brought suit preliminary permanent injunctions interstate commerce act central river road junction claimed new practice violation third condition commis sion order accordingly sought enjoin defendants respective officers agents representatives servants employees successors disobeying order especially third condition thereof force defendants permit move cars power crews commission allowed intervene party plaintiff intervening complaint also prayed injunction alleged violation third condition defendants employees stipulation facts filed describing change handling cars pointed change resulted settlement river road brotherhood railroad trainmen labor dispute work involved livestock car movements brotherhood bargaining agent railway labor act et river road trainmen made demand based upon contract river road trainmen given work moving switching livestock cars river road trackage brotherhood threatened call strike unless demand met january threat backed almost unanimous strike vote trainmen threat river road made agreement brotherhood shortly scheduled strike hour result river road trainmen permitted move switch cars notice trunk line railroads change practice subsequently followed district thereupon issued preliminary injunction requested central river road junction respective officers agents representatives employees successors restrained disobeying commission order violating third condition order commanded permit trunk line railroads move cars river road line power crews concluded matter law facts relative labor dispute brotherhood river road immaterial three days preliminary injunction became effective brotherhood asked leave file special appearance purpose moving vacate injunction dismiss proceedings failure join brotherhood members indispensable parties motion denied river road filed answer original complaint pointing changed arrangement resulted labor dispute brotherhood contending new practice violate commission order brotherhood thereafter filed motion intervene generally party defendant alleging primary purpose suit nullify agreement river road deprive brotherhood members work performing agreement brotherhood members therefore indispensable parties contention made brotherhood unconditional right intervene virtue interstate commerce rule federal rules civil procedure following section later added support contention otion intervene denied order without opinion district allowed appeal order denying intervention appellee railroads moved dismiss appeal ground order final hence appealable brotherhood entitled intervene matter right postponed consideration question jurisdiction review order hearing appeal upon merits ordinarily absence abuse discretion appeal lies order denying leave intervene intervention permissive matter within discretion california canneries permissive nature intervention necessarily implies intervention denied applicant legally bound prejudiced judgment might entered case liberty assert protect interests appropriate proceeding adverse effect upon applicant order denying intervention accordingly falls level appealability statute practical necessities grant applicant absolute right intervene order denying intervention becomes appealable may fairly said applicant adversely affected denial way better assert particular interest warrants intervention instance since appeal subsequent order judgment proceeding unless intervene order denying intervention degree definitiveness supports appeal therefrom see pipe line jurisdiction consider appeal order denying intervention thus depends upon nature applicant right intervene right absolute order appealable may judge merits matter one within discretion trial abuse discretion order appealable lack power review words jurisdiction identified necessary incidents right intervene particular instance must therefore determine question jurisdiction case examining character brotherhood right intervene proceeding brought interstate commerce act start rule federal rules civil procedure applicable civil proceeding type rule deals intervention right provides pertinent part timely application anyone shall permitted intervene action statute confers unconditional right intervene representation applicant interest existing parties may inadequate applicant may bound judgment action contrast rule concerned permissive intervention reads follows timely application anyone may permitted intervene action statute confers condititional right intervene applicant claim defense main action question law fa ct common exercising discretion shall consider whether intervention unduly delay prejudice adjudication rights original parties brotherhood claims consequence either two federal interstate commerce act absolute right intervene within meaning rule also alleges possesses absolute right within contemplation rule representation interest existing parties inadequate possibility may bound judgment action real one claim permissive intervention rule made contention district abused discretion might view interstate commerce act give brotherhood absolute right intervene instant proceeding within meaning rule set forth stat portion act reads employees carrier duly designated may intervene heard proceeding arising act affecting employees following considerations make obvious fact brotherhood meets requirements provision first unquestioned brotherhood duly designated representative river road trainmen second right intervention granted representative applies proceeding act plain language extending reach proceeding arising act point however appellee railroads contend must confined proceedings interstate commerce commission exclusion proceedings support contention point fact whole primarily concerned commission procedure organization fact emphasized heading appears statutes large stat code heading reads procedure delegation duties rehearings inference made paragraph concerned must limited heading general context whole result contention phrase proceeding arising act found paragraph rewritten construction refer proceeding commission arising section sanction construction words true course concerned primarily organization commission ts subdivi sions administrative disposition matters coming within agency jurisdiction least ten twelve paragraphs deal matters cast present form five paragraphs related exclusively matters congress rewrote section enacted transportation act stat continuing modifying previous provisions consolidating including matters formerly scattered throughout act time however expressly recognized certain paragraphs added entirely new paragraphs went beyond purely administrative matters thus pertinent mittee reports new paragraph included providing orders division individual commissioner board shall subject judicial review case full commission orders application rehearing made acted upon paragraph new paragraph added end section providing representatives employees carrier may intervene heard proceedings arising part affecting employees language reports framers recognized obvious fact certain provisions section deal something might indicated heading heading fails refer matters framers section wrote text unusual fact heading reference general subject matter involved accurately referring subjects commission procedure organization neglects reveal also deals judicial review administrative orders intervention employee representatives headings titles meant take place detailed provisions text necessarily designed reference guide synopsis text complicated prolific headings titles indicate provisions genral manner attempt refer specific provision often ungainly well useless result matters text deviate falling within general pattern frequently unreflected headings titles factors type led wise rule title statute heading section limit plain meaning text fisher cranch cornell coyne strathearn dillon interpretative purposes use shed light ambiguous word phrase tools available resolution doubt undo limit text makes plain meaning unmistakable face simple unambiguous reference proceeding arising act house committee paraphrased proceedings arising part word warrant limiting reference allow intervention proceedings arising proceedings commission proceedings mentioned arise act act judicial administrative proceedings may arise instant case ready illustration judicial proceeding arising act suit nature authorized solely act hence proceeding towhich right intervention may attach virtue perceive reason statutory policy framers wished confine right intervention employee representatives ceedings commission occasions may arise case employee representatives interest intervening original administrative proceeding definite interest intervening subsequent judicial proceeding arising act framers used language covers types proceedings unjustified formulating policy see fit express limit language way third proceeding arising act affects employees represented brotherhood nothing make plainer fact direct injunctive relief sought obtained employees appellee railroads sued enjoin river road employees disobeying third condition commission order alleged condition required river road employees permit railroads use power crews moving cars river road line yet precisely subject matter conflict river road brotherhood resulting insertion important provisions contract commission order require river road employees forego operating livestock cars contract rights river road affected real sense acts done employees performance contract obviously prompted suit acts performed issuance injunction might give rise contempt action thus impossible say proceeding one employees within meaning since conditions satisfied case question remains whether brotherhood thereby accorded permissive absolute right intervene language terms intervene heard might construed giving discretionary right view indicated requirements met employees representative acquires absolute right intervention statutes speak intervention right thus suit brought enforce set aside commission order commission parties interest proceeding commission appear parties thereto right case right intervene absolute unconditional sprunt son less absolute unconditional right intervene permits intervention employees affected proceeding sufficiently affected within meaning provision requires employees prejudiced bound judgment might entered case situation relative river road employees clear effect degree present however room operation discretion whether employees interests asserted defended proceeding interests stake question decided employees representative statutory term intervene thus means intervene employees representative chooses rather intervene discretion representative choose intervene may matter right within meaning rule federal rules civil procedure case thus conclude gives brotherhood absolute right intervene proceeding making unnecessary discuss whether extent brotherhood right apart follows jurisdiction consider appeal merits exercise jurisdiction reverse judgment district denying leave brotherhood intervene reversed footnotes baltimore unreported district northern district illinois eastern division equity january approved commission order amended amendment germane case commission based complaint upon interstate commerce act authorizes commission seek grants jurisdiction federal district courts issue injunctive mandatory relief restrain violation compel obedience order issued appeal junction seventh circuit appeals reversed decree junction holding junction control nothing acts complained appellees baltimore chicago junction stat see also ex parte cutting credits commutation ex parte leaf tobacco board trade engelhard sons city new york consolidated gas new york city new york telephone appears code paragraph reads employees carrier duly designated may intervene heard proceeding arising chapter chapters title affecting employees words chapter refer part interstate commerce act et embodies original statute known name prior division parts chapter relates part ii interstate commerce act originally known motor carrier act et seq section part ii reference part provisions section title shall apply proceedings chapter chapter equivalent part iii interstate commerce act deals water carriers et seq section also part provisions section section chapter title sections title shall apply full force effect administration enforcement chapter section referring proceedings arising act also affects judicial administrative proceedings arising parts ii iii act see note surpa section labeled enforce orders payment money provides carrier fails obey commission order payment money commission injured party may apply federal district enforcement order