herb pitcairn argued decided february roberts elam louis petitioners bruce campbell east louis respondents justice jackson delivered opinion petitioners made abortive attempt maintain action city illinois cause action alleged federal employers liability act et seq calls upon us relief present questions granting certiorari consolidated cases argument herb alleged injury employed switchman wabash railroad near city decatur mason county illinois november filed complaint federal act city granite city madison county illinois december verdict returned trial set aside proceedings appellate resulted remand city march cases illinois decided illinois constitution city without jurisdiction case cause action arose outside city located werner illinois central mitchell louisville decisions rendered plaintiff moved city change venue illinois venue statute circuit madison county general jurisdiction meanwhile period within action instituted employers liability act long expired motion change venue granted papers certified transferred accordingly defendant limiting appearance sole purpose motion moved circuit dismiss grounds city jurisdiction either entertain transfer case since proceedings theretofore terly void action pending properly commenced city process transfer since action commenced competent jurisdiction right federal act expired limitation provided action shall maintained act unless commenced within two years day cause action accrued stat circuit granted motion dismiss illinois affirmed affirmance claimed involve federal question erroneously decided belcher alleged switchman louisville nashville railroad yards nashville tennessee injured february filed complaint june city east louis illinois answer joined issue generally pleaded release satisfaction reply admitted execution nashville tennessee document defendant pleaded set facts avoidance trial verdict returned trial set aside holding evidence warrant verdict september stage litigation illinois handed decisions march holding city courts without jurisdiction causes arising outside territorial jurisdiction plaintiff moved city venue changed circuit clair county illinois motion granted statute limitations commencement action time run defendant made appearance limited purpose moving dismiss case dismissed circuit dismissal sustained illinois opinion adopted opinion companion case first whether case pending illinois courts question determined illinois law interpreted illinois said federal employers liability act deem well observe involved attempt congress enlarge regulate jurisdiction state courts control affect modes procedure question duty ordinary jurisdiction prescribed local laws appropriate occasion invoked conformity laws take cognizance action enforce right civil recovery arising act congress susceptible adjudication according prevailing rules procedure mondou new york grant jurisdiction employers liability act statute purport require state courts entertain suits arising empower far authority concerned nothing act congress purports force duty upon courts otherwise valid excuse douglas new york see chambers baltimore ohio louis taylor john paullin plight petitioners due failure state illinois provide forums adequate hearing cases federal statute state provides system circuit courts sitting counties general unlimited original jurisdiction law equity open petitioners chose instead file complaints city courts open us say state setting local limit jurisdiction actions arising within city established held courts without jurisdiction plaintiffs moved city illinois venue act illinois revised statutes ch change venue circuit city courts granted motion transferred papers circuit defendants served process issuing circuit entered general appearance circuit instead appearing specially moved dismiss case motion grounded complete absence jurisdiction city courts begin hear transfer case defendant denied venue act gave power city transfer claimed unconstitutional state constitution also asserted federal statute limitations run time purported change venue suit city within meaning illinois decide whether state constitution venue act unconstitutional apparently held act apply pointed subject matter parties must jurisdiction one without suffice two must concur judgment void case assumes act circuit served summons defendants made general appearance therein hand city admittedly jurisdiction subject matter used language mean valid proceeding pending either matter state law think probably decided matter illinois law action pending defendants proceedings effect whatever freedom state courts decide course subject qualification cause action must discriminated federal one mcknett louis say far hold city courts without power construed state jurisdiction venue laws discriminatory fashion central illinois public service industrial commission gill lynch cited us petitioners illinois uphold power one transfer cause another certain purposes one case however involved proceeding begun circuit general unlimited jurisdiction issued writ certiorari review decision state compensation commission transfer made venue statute another circuit review statute required proceeding county defendant resided found case receivership proceeding transferred county circuit county without equitable jurisdiction thus neither case involved jurisdiction city application venue statutes city therefore cases dissimilar facts make one appear discrimination federal right whether wholly consistent language present case basis opinion elsewhere intimation petitioners cases brought state statutes common law dismissed circumstances present rested upon observations jurisdiction illinois courts adequacy procedures bring action existence without power direct courts try cases matter local law pending stop second case went illinois certification circuit federal question involved federal question whether action barred federal statute limitations raised respondents motion dismiss circuit course opinion illinois used language seems reasonably clear question either necessarily disposed case state law grounds hypothetically purposes passing question seems assumed action pending state law one pending occasion consider whether cause action barred petitioners contend therefore judgment rest upon state ground upon erroneously decided federal even though city power transfer case action barred arrived circuit third time foundation adhered principle review judgments state courts rest adequate independent state grounds murdock memphis wall berea college kentucky enterprise irrigation district farmers mutual canal fox film muller reason obvious rarely upon thought warrant statement found partitioning power state federal judicial systems limitations jurisdiction power state judgments correct extent incorrectly adjudge federal rights power correct wrong judgments revise opinions permitted render advisory opinion judgment rendered state corrected views federal laws review amount nothing advisory opinion illinois means hold city courts adjudge transfer begin cases case pending courts present time manifest view might express federal act require courts proceed trial actions cases record ambiguous presents reasonable grounds believe judgment may rest decision federal question long vexed many cases answer strict adherence rule must affirmatively appear federal question decided decision essential disposition case clear whether judgment rests federal ground adequate state one review klinger missouri wall de saussure gaillard johnson risk wood mowing reaping machine skinner adams russell lynch new york ex rel pierson cases justice seemed require example supervening events said set aside judgment remand case state consideration review proper sense term decision state patterson alabama state tax comm van cott state minnesota national tea tainty grounds decision led vacate remand consideration national tea company state lynch new york strongly intimated petitioners requested continuance permit application state amendment clarification remittitur power willingness grant later international steel iron national surety record failed disclose federal question presented decided counsel requested bar continuance apply amplification granted reargument state upon federal question pass proceedings certified asserted jurisdiction proceeded decision practice become common state courts new york appeals provide counsel motion certificate chief judge stated federal question presented necessarily passed upon case see cases cited robertson kirkham jurisdiction criticism state unable say case state federal questions presented discussed perhaps decided judgment one grounds present courts may adjudicate kinds questions necessary functions make sharp separation two discussion often interlaced perform duty refrain interfering state law questions also review federal ones without making determination whether one controls judgment cases answer clear us seems consistent respect due highest courts union asked rather told intended imposes unwelcome burden mitigated knowledge protect jurisdiction unwitting interference well protect unwitting renunciation purpose scrupulously observe long standing rule review judgment state rests adequate independent ground state law review one fact appears record proceed review jurisdiction conjectural follow take steps protect jurisdiction given reasonable grounds believe exists think simplest procedure record deficient hold case pending application state clarification amendment need elaborate formal clear decisive stating whether federal question federal question decided necessary ground reaching judgment review proper cases may grant counsel request continuance purpose proper cases impose duty applying upon petitioner appellants upon motion causes continued period enable counsel petitioners convenient speed apply illinois amendment certificate show whether intended rest judgments herein adequate independent state ground whether decision federal question necessary judgment rendered causes continued justice black dissenting implications action cases impel state reasons disagreement november herb petitioner lost leg suffered severe injuries commenced action railroad illinois city awarded verdict trial judge entered judgment railroad notwithstanding verdict illinois intermediate appellate reversed directed judgment entered herb illinois reversed appellate judgment insofar directed judgment entered herb remanded case city trial judge pass upon motion new trial one made although five years already elapsed since herb injuries efforts secure judicial determination rights federal law begun apparently lengthy history herb case shows long assumed courts well legal profession illinois city courts jurisdiction try railroad employees cases arising federal law remand case city state handed opinions two cases holding city courts jurisdiction hear determine actions injuries occurred outside territorial limits view new obstacle action petitioner moved change venue circuit illinois statute authorizing transfer county county ch motion granted circuit railroad moved dismiss cause ground orders city including change venue invalid statute authorizing transfer unconstitutional suit within two years date injury required section federal employers liability act motion dismiss sustained herb appealed circuit judge certification illinois recited judgment involved construction illinois constitution validity illinois statute validity construction section federal employers liability act first sentence reciting facts stated material point consideration whether requirements section federal employers liability act met throughout entire opinion construed section city jurisdiction related construction section order determine whether requirements met decided action within federal statutory period summarily disposed state questions raised one sentence determination makes unnecessary pass upon either illinois constitutional questions involved validity illinois change venue statute true held city effect holding decide fact alone authorized dismissal cases circuit admittedly jurisdiction try cases arising federal act consequently said holding provides independent state ground circuit dismissal reason circuit dismiss state view section federal act required suit two years made necessary interpret meaning scope construed word meaning suit filed within two years injury suit must filed jurisdiction hear determine cause thus construction superimposed condition federal act proceeded determine whether city power held city power state question applying construction federal statute decided action within two years date injuries federal question shows determination federal questions decide says language state opinion indicates judgment might really rested state procedural ground adequate support dismissals eight years herb injured cases held give counsel opportunity ask state rest judgments herein adequate independent state ground whether decision federal question necessary judgment rendered thus lightly abdicate ultimate responsibility protect federally created rights authority review action state decided federal question rendered unavailing suggestion may rested judgment ground simply amount depriving power review federal questions party chose make suggestion louis iron mountain mcwhirter furthermore even final determination adequate state procedural ground dismissal particular suits end controversies although might protract litigation five years true beyond belief dismissals procedural grounds bar new actions based injuries federal question clearly presented hardly escaped new actions question suits barred section federal employers liability act question presents twofold problem section application actions word construed make beginning suit city commencement noted complainants claim damages violation federal safety appliance act stat et et et seq violation safety appliance act even without federal employers liability act gives rise cause action part employee injured proximate result violation louisville nashville railroad layton texas rigsby act contains statute limitations authority cited support proposition condition liability imposed federal employers liability act applies actions damages violation safety appliance act rule give safety appliance act claims filed liberal construction one promote defeat purpose swinson chicago assuming petitioners required file new suits two year limitation section federal employers liability act applies injuries resulting violation safety appliance act still must determined whether filing suits city courts actions within meaning word used section certainly railroads notice suits evidently thought contested courts illinois lawyers litigants undoubtedly felt sure trying law suits proper forums neither illinois appeals state remanded herb case city doubt time suits plainest principles justice demand employees afforded trial reason conceived erecting statutory bar two years justifies inference congress intended employees made bona fide efforts prosecute claims barred unanticipated decisions jurisdiction words statute justify construction actions filed city courts construction results frustration board objectives act finally find warrant whatever saying state may sustained dismissal ground suits state circuit jurisdiction try complaints true might brought city clerk although far record shows petitioner attorneys may taken circuit state opinions indicate illinois law requires complaint physically filed hands one except injured person shall believe state make holding special reasons addition stated think action requiring belcher petitioner obtain kind certificate illinois without conceivable justification argument parties us opinion treated belcher case though illinois sustained dismissal herb dismissal identical grounds treatment two cases justified unless state opinion belcher case given strained interpretation belcher opinion cite herb opinion presenting facts belcher case facts two cases upon belcher dismissal premised carefully limited belcher opinion statement issue effect appearing specially made motion quash summons issued city dismiss cause reason among others cause ordered transferred circuit july two years date plaintiff suffered injuries namely february neither institute maintain action circuit since commenced within two years day cause action accrued conformably section federal employers liability act belcher louisville stating issue limited fashion belcher opinion went say parallel facts herb pitcairn decided day holds action commenced within two years date injury competent jurisdiction prescribed section federal employers liability act transferring cause city jurisdiction subject matter date action instituted originally date circuit maintained commenced within statutory time disposition identical issue herb pitcairn decisive belcher louisville supra thus appears belcher opinion sustaining dismissal rested squarely exclusively state conclusion cause action barred section federal employers liability act notwithstanding six years belcher injuries delays final decision applicability federal act await statement state whether decided hypothetical state ground ground considered first instance justice douglas justice murphy join dissent justice rutledge dissenting concur justice black opinion far relates failure illinois take account petitioners claims based federal safety appliance act clearly section federal employers liability act apply causes arising former act ground alone judgments reversed agree also illinois determined causes employers liability act solely view federal law done erroneously held neither action time within meaning section interpreted mean begun competent hear determine cause decision causes commenced even similar causes arising state law held sufficiently begun similar purposes identical circumstances know know whether local actions filed transferred barred know justice black points illinois expressly disavowed applied determined validity illinois venue statutes face purport authorize transfers occurred causes consequently validity effect statutes determined illinois decision cases must taken rest wholly upon view meaning section entirely independently meaning state venue statutes founded solely upon federal ground ground illinois decided opinion clearly wrong apparently section always means competent hear determine cause regardless whether local causes may sufficiently commenced similar purposes limited jurisdiction capable transferring hearing deciding nothing section act contrary suit state taken fair implication whatever sufficient generally constitute ginning suit actions beginning suit instance state law local causes sufficiently commenced time filing complaint though wrong reasons jurisdiction relating trial decision nevertheless upon discovery error cause transferred another complete jurisdiction nothing section federal employers liability act requires permits suits brought act treated differently state may confer upon courts limited jurisdiction limited powers causes competent hear decide salutary instance safeguard litigants unwitting loss rights action stumbling jurisdictional pitfalls providing actions filed wrong defeated lapse time merely plaintiff mistaken upon discovery error though period cause transferred promptly fully competent provision merely create either exception statute limitations means suspending time running face illinois venue statutes purport though whether effect course state courts decide event statute contrary inconsistent section provision federal employers liability act contrary litigants state courts act entitled benefit provision given litigants causes arising state law accordingly since illinois held section terms requires commencing event take place jurisdiction begin transfer also hear decide judgments reversed remanded footnotes amendment adopted present causes action accrued extended limitation period three years stat question applicability raised event case transfer circuit made three years cause action accrued question involved relates effect proceedings wholly incompetent render valid judgment judgment rendered void necessarily follows preliminary proceedings necessary rendition judgment must likewise void jurisdiction subject matter judgment jurisdiction giving effect process pleadings fallacy plaintiff argument rests fact becomes necessary give validity proceedings judgment rendered upon proceedings wholly void ultimate object obtained suit law judgment utterly void difficult understand preliminaries judgment summons pleadings interlocutory orders like effect result proceeding concluded first nullity appellant contention sustained valid judgment obtained transferring cause proper upon summons notice defendants safely disregard served upon give order transfer city effect vitalizing process void considering case commenced pending proper period legal contemplation judicial control defendants yet exercised clear suit commenced filing present suit city granite city issuing summons filing complaint lacking requisite jurisdiction provisions constitution limiting cases arising within limits city wholly incompetent render judgment authorize proceedings result judgment material point consideration whether plaintiff commenced action within two years date injury jurisdiction hear determine required section federal employers liability act observe recovery federal employers liability act conditioned upon two things commencing action within two years date injury commencing action jurisdiction hear determine plaintiff predicated case upon federal employers liability act must comply provisions respect time commencing suit bringing jurisdiction hear determine deciding proper cases without jurisdiction subject matter statute authorized transfer proceedings still condition action commenced within two years met statutes recreate right given federal statute ceased exist terms federal statute case jurisdiction suit wholly lacking july consider act valid time condition imposed upon plaintiff respect bringing suit expired lapse time determination makes unnecessary pass upon either constitutional question involved validity statute italics supplied belcher case said parallel facts herb pitcairn holds action commenced within two years date injury competent jurisdiction prescribed section federal employers liability act transferring cause city jurisdiction subject matter date action instituted originally date circuit maintained commenced within statutory time disposition identical issue herb pitcairn decisive werner illinois central mitchell louisville nashville pertinent provisions illinois venue statutes follows wherever suit proceeding shall hereafter commenced record state shall appear pending commenced wrong county upon motion either parties suit proceeding shall change venue suit proceeding proper county venue shall changed shall pending triable county shall changed cases change venue provided either party suit proceeding shall procure change venue herein provided shall require plaintiff said suit pay costs suit proceeding including costs change venue except costs shall made occasioned answer merits trial thereon shall made costs caused answer merits trial thereon shall abide final result suit proceeding cases change venue venue city courts causes manner may taken circuit courts cases sent city circuit competent jurisdiction cause complained exist clerk change venue granted shall file transcript papers transmitted docket cause cause shall proceeded determined things well judgment originated emphasis added