The Iowa transcript. (Toledo, Tama County, Iowa) 1858-1866, 1866-03-07

Disfrtct Court.
George 8. Williams
Admr, HT.
! The Chicago & North February 1866.
wes ern Railway Com
psny, D.fs.
Decision Of District Court on Demurrer
The Plaintiff, citizen OF lows, file
hia peti,ion in this Court claiming SIS
900 damages Of Defendant for injnrie
received BY Plaiutitf's decedent, ny rea
snn Of the negligence Of Defendant il
operating a railway through tie count
of Tama in the State of Iowa. Tn
Plaintiff alleges that at the time Of tn
irlnrie. complained Of, Defendant wa
and is a corporation by that name an'
s,,le, acting and doing business as sucl
corporation and operating line Of rail
road through said county, engaged il
.he business Of Common. Carrier 0
freight and passengers for hire.
The Defendant appears AMI files ;
petition to transfer this cans. TO III,
Circuit Court of the United States fo
Iowa, and alleges for cause that IN,
Defendant is a corporation duly ineorpt
rated by tie laws OF the State Of Illinoi,
a. such Il that it is therefore entitled te
the rights Of citizen Of tha, State.
Plaintiff answers this petit on and
neither admits or denies, bnt puts De
fendant upon proof whether it is a ci
t,zen Of the State OF Illinois, averny
tha, Defendant is a Corporation and the
lessnc of the Chicago. Iowa & Nebraska
Rail Road ard the Ceda- Rapids and
NJ, Il. r r, which arc connecting
roads Of a road in the State Of Illinois
owned bv Defendants that said G |. 4
N & No. Il II r. Co. are dnly incor.
pora,ed bv the laws of Iowa d owners
OF their respective roasis-,hat ~ lat
ter runs through Tam, count, tina,
defendan: is operating said roads and
that defcndan, by the laws Of Iowa are
liable in the SINE manner as if owners
Of sa,d roads.
The Defendant demurs to answer o;
Plaintiff.
pass The consideration Of the ancs
ton whether the bond rendered by D.
frndant is sufficient, and also the
question as to whether defendant is a
corporation and hence citizen Of Hi
nois, and shall conccde for the purpose
If this opinion that D frndant has a
legal entity or citizenship in ,has State
The Supreme Court If the Z. s. in
the case nt the Ohio s. NJ K r. Co
vs. Wheeler has collected tie cases or
this subject, and the following general
prin,,I les may be considered as finely
Sc tied.
l. That corporation exists by force
of law alone and Can have no legal ex
is,ence beyond the bounds Of the
sovereignty which creates It.
2 That it il not citizen Of the Uni
tel States within the meaning at the
Cans,,,n'icn. but yet it has the right OF
a citizen within the State which creates
it. np,n the theory that is members
are al citizens Of snch S'ate, and the
law conensively presnm's that they are
all such citizens for the purpose ot
suing aud being sued.
These principles hring settled It IS
clear tha, Defendant is entitled rs a
matter Of absolute right tn = transfer ot
the canse to the t'ircnit Canr, of the
United S.ates, unless the Defendant has
been either -
lst, Recognized and endowed with a
legal existence a. a corporation IN this
Sla;sas well a. ia tho Safe OF Illinois !;
Or,
end, That BY accepting rights con
erred upon it by the s ate ot Iowa i,
ha- submitted tn the jurisdiction Of the
9 n.,s Of this State and IS stopped from
hjec'ing thereto.
In Ahe case Of the Ohio & Miss. T. II
G., as. Wheeler, said Railroad Co. had
ncrn incorporated by special act Of
,he Legislature II In ,,ana and rycog
nized b, the Legislature Of Ohio, and
their road run through both States
The Company sued Wheeler, citizer
Of Indiana for his stock subscription
the Court held that the Cironit Cour
had no jnrisdiction, because as the com
pany had = separate legal existence il
each State, it was CONSIDERED and tr.
ell as suit in which Gil z-ns Of Obi
sud Indiana were joined rs Plain !!t
ayairs, c,tlzen OF the las: mentioned
State. L appears in argument, and l
not lehicd IN the opinion 81 tho Curt
that the special act oi Indiana VI
passed in 1913 Incorporating said com
pany, and that III lS49 the Legislature
Of Ohio passed an act which only SAYS
The Legislature of Indian GA tn
.l4th OF February isis passed An Ac
Incorporating the Oalo 4 Miss II. *
!. Co =; and
That the corporate powers granted 4
'sald Company BY the Aei of Indiana
Incorporating tho same be recog
sized
In both of those States y. that tim
nnrporations we're created only by spe
cial statutes. There was no pre:ense il
the Act Of Ohio OF passing ~ Ael i
the usual way, by setting out VIVA, j
charters and powers shnnlt be, bn
.naniEs,ly. simply to ondow with L
ca, entity in Ohio, legal entity alread
existing in tho State OF Indiana. Th
Cour, say that neither State could cor