, 1874-05-21
Company Instructions to At
torneys of the Chicago
& Alton Railroad.
The Conflict Of Jurisdiction Between
the Courts.
The Wisconsin Suits Postponed for
the Present.
miscellaneous Railroad Items.
-'--''Tk1m ILLnoIa Law,


49, --'--"T1m ILL1MoIa Law.
sptctdt Dtspatch to 7Ao Chicago Tribune.
srR1HaflErp, ILL.,, May 20.-Tho motion to sot
the Ohtcago d Alton Railroad case down for trial
1t come day this term WAS not argued to-day, 90
was expected, in consequence Of other business
intervening. It will, however, be argued in the
morning. Thoro aro various conlcckilreg "a to
what tlo result will he. Some persons who know
Juugo zano very vol believo ho will ru!o the
caao Tor trial thiH term. The feeling among tho
people. especially lilo farmers, is growing moro
insonso evoly dny, and little else Is talked Of.
THE A1ToRSEY8 TO De INDICTED.
:. :. It ts said that h1essrs. Palmer and Springer,
Inc attorneys for tho people, will be indicted as
for thoir defiance Of tho process Of tie United
states Court in entering aud arguing motion
to rot tho uauBe down for trial after it had boon
Hert,osariod Tto tho gnlted States Court Tho
supposed now that the ohiof light In tho caso
Will bo mado then on q
PLEA TO THE JURISDICTION
Of the Court. The lawyers hero, except tho at-
torneya Or the roads, arc agreed In
to take 1ufist1iotion and while Judge Trent has
nado no intimation OF his opinion, vet It is ron-
orally belloyed by those that know him best, t1at
no WILL hold that The United statos Court IN this
which tho writ Of ccrtiolari was suod out, was
never Intended to apply to such oasos.
NsTnuoTIoNs TO RAILROAD ATTORNEYS.
We have obtained poeaoeHion Of copy of q
printed circular Of Instructions issued by Judge
Deckwith,. attorney Of Tho Railroad Company,
for tho bone1t OF local counsel employed by tho
Company III different parts OF tho Staten, from
which will be seon the course OF reasoning
adopted, and tho provisions of law rolled upon,
to justify tho removal Of tloso cases to .tha
EsaeEel Court ssgh ahe following is the circular
,zTds act Of April o. 1866 a u s. stat.-at-1nrgo p.
~ giyes to The Circuit Court aud DJstrct Courts oi
the United States Jurisdiction Of all caacs civil aud
criminal, atlecting persons who denied Or canuot
enforce IN the couts Judicial tribunals Of tho stas
tho Tned ho % same 4ah e q
styo syileqss; 70 ini.srit pusehase, ss hold. and
suit prosecution has Ieen Or aail be commenced ID
asaast or cs a:1 military 3 Of
olher rorson for any arrest or imprisonment, tres
color Of authority derived from sai1 aet, or Ito es.ab
Esfgses. and al ACTS smendatory thereof Or for re-
fusty to do any act upon the ground tat would 10
Inconsistent with said net such defendant may remove
tho cause for trial 10 the psayar DHtfet 'of Circuit
1863, and al acta amaniatory lhoroof y
Tho hot Of May 81 1870 tf0 .. g. Statutes At Largc
e1endsd III rroslssons 50 M as 10 ino[lde ssns @ snd
cdlor or race q any Of ta risha enjoy-
The manner Of removing causes from, Stats cour.
to the olronit Court Of tho United States prescribed
Statutes 1t Large, p 1861 II for the defendant to ls
in the State Court petition for such romoyal. -.
IN ATT pso f. s hsr = ,s4s
!es % IT e osas { ooast our Of
refuses do, tho cause Is 10 be dookcted and the
Upon tho Plaintiffs default III this respect thS st Is
to be dismissed, which IL uado bar to any further
'us aot a Fa Hs e. m
provides for Issuing writ Of habeas corpus cum cnsa
when tho defenaant Is 1n actual custody State pro-
Further detail Of the procedure for tho removal Of
Causes under these acts u not m1cral to the consior
wsssi g. f. under tho
Fob. q ism I'D statutca At Large, p z23 Original
Gnited states IN a cases arisng under tho ac or tue
act thereby amen.!e, and any receiving in
a by En- o Gn 81
tho net, or Of tho oct thereby amended gven tho
Right to maintain ault for damages against the party
doing tbs Injury, in the Circuit Court Of the United
Staes Tha slxtcenh section Of tho net OF Feb. %,
1a7 provides that any suit prosecution commenced
Hiatos or other T perso. Or On D account IN 70 Of sny
act doue under the PROVISIONS Of sald act, or
fF rnf s9Gr hsreo or @ fSr or on account ct
by auch officer Or other person, under any Of said pro-
ysiong, may be removed to the Circuit Court Of tho
of these nets Of 1pr o. 1906 May j, 1876 and Feb r.
as1i It VII be seen TINT a persons having right Of
IL 70 Sa h
saeh persons 70 remove suits from stato Court to
a9 + @ Sx @ tr sa s
tho Fourteenth Amendment to tho Constitution Of tho
United States enables tho reader readily to
E. ss z as H5 snsa s1 1 T.
tt1o1 roF{1 cf $S Atu
Constitution Of he unitod States, other pnr-
poses." The frat section Of the ant provides "thnt
nunce, regnation custom, usage Of any State shall
saSjcst q cause b9 sulsc'sa any person within e
By he q sse Sae states, sa S'4.ey sny
sash @ % sstats M ,sgsi;0,,
equ!!y, olher proceeding Tor redress such pro-
cult Courts ot tho United statca wlth aud subject to
tls same rghts Of appea review upon error and
hs hs az IN az q n
0niled state, e!s ovll lights and 70 furnish IT,
aws Of the United States which arc III their nature
applicable IN such caaes." II will DO tla two cir
pudcr Iaa @
party aotkfng tho redresB nuAt ba within the jrlsd!o-
don Of the unltod htates. and have rGht, privilege
tod Hates and sccoud, thoro must 10 deprivation
of such rig privilege or immunity, under color Of
law, Ftatto, or ordinance, regulation. custom,
lHage of State.
Tho Circuit Court for the United Staten, for the
Northern District Of Illinois, has held that tho right
privilege, or immunity required to be secured by Tho
Constitution naay b. oue rospaoug property a well
u one III rsspect Of the person, and that porsons eN-
Titled to se tn corpoEats nano are entitled to tho
remedy given by tho act ~ wc za other l'erson8.
AsH1l1ng for my present purpose, that tl,e Federal
Courts Aaso orig!ual 1usiadiction under tho act Of
caBes whcro attempt Ii male under colur Of State
law statute to de1rlYp corporation OF Its cAaTl6rcu
rights, tic question y II suis has been commenced in
Btao Court for that rurposo, cAn It ho removed to
lAe Circuit Court Of lie United H.acs7 II Oougross
had not provided for the removal OF such sait 1t
would scpm to huyo beeu caalls on,iHus. 10 allow