The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1880-02-27
j. Proctor Knott on Corporations.

n
The witty and irrepressible Congressman,
J. Proctor Knott, of Kentucky, delivered
speech in the House on Wednesday of last
week, on q bill to am end certain sections Of
an act to determine the jurisdiction Of the
Circuit Courts Of the United Statee, and 70
regulate the removal Of causes FROM State
Courts As Mr. Knott was discussing legal
questions, the greater portion of his speech
would be dull mountaineering toour read
ers hence we only publish the commence
ment and a part Of the conclusion Of his re-
marks. The dry humor that peryades them
torcibly reminds one Of his famous Duluth
speech, which gave him such wide reputa-
ton few years ago. Mr.. Knott said
Mr.. Speaker, I sgree with the gentleman who
occupied the last morning hour that In the present
advanced state or civilization corporations are
sometimes not only convenient but necessary, es-
pecialy in the prosecution Of enterprises requiring
the employment OF very large capital yet II seems
that II there is anything in our social or po
htica condition which should challenge the serious
consideration Of American statesmen OF all parties
itis the extraordinary multiplication and enormous
aggraneEement of such institutions In this country
Look around you, sir You ind them on every hand,
organized for every conceivable purpose that Gu
We win are confronted by these ideal sntities,
these incorporea intangible faculties these view
less. bloodless, soulless beings whom an omnipo-
tent God never created, and for whom there Is no
provision in the plan OF salvation. GLaughter.l
Every avenue of active enterprise Is crowded
with them. Whether on tho land or on the sea, in
the mine or the mandatory, we find them array
ing the merciless arm Of consolidated capital
against the oyermstched and overtaIed tissues OF
individual energy and unorgsnized labor.
They have even invaded the sanctuary and
made merchandise of the priceless comforts Of re
ltgion. The rage for corporate privileges has be
come so prevalent that the Young NJ en- Christian
Association can scarcely hold a prayer meeting
without an act of Congross or charter nom q
State Legislature authorizing them Ito sue and
be sued, plead and be impleaded.r IIaughter.l
Instead OF the Old-iashioned, plain-spoken her
aid of the cross, proclaming to sin-strcken
shall all likewise perish, we find some tleek,
pS he,y.5 10 ,eype m. deyiI in employsd at
salary of twenty five or thirty thousand dollars q
year to soothe the solnnolent stockholders OF an
Incorporated church With assurances that there is
TO illustrate the magnitude as well as the pow
of some of these artificial persons, sir might
mention moro than one whore business Is coeIten-
siVe with entire country and whose active agen
cies to be found in almost every city town and
villagefrom the Bay OF Fundy to the Golden Gate,
and from the mouth of the Mississippi to the Ze-
NTH City Of the unsalted seas Or, II that would
not suffice. / could instance twelve others, com
manding the energies OF an army Of employees more
Of the United States, and controlling an aggregate
capital of over e, 900 OOe, 90.
conc OF these corporate yet incOrporeal monsters,
like an enormous octopus has stretched its Omniv,
erous tcntacles into eleven States of this Union,
and controls to-day over SIX thousand miles OF
railway, and more than four hundred million dol
lars' worth Of property, besides trafnc exceeding
while the magnitude Of its financial operations Is
secoud alone TO those Of the Government Itself.
Il am perfectly aware, sir, that Congress- has no
power to prevent the several States from multiply
Ing such Institutions at pleasure. There is no
check upon their fecundity In that regard but the
prudence of their own people. Their Legislatures
may continue TO spawn them In shoss until they
outnumber the frogs and lico that sUnrmed upon
Egypt IN the days of Pharaoh, yet Congress has no
authority to stranse singlo ono Of the Pcstiient
Nay, more, sir, they may continue to gorge
themselves with the yoTacity of the horse-leooh
upon the hsrd.E0n fruits Of human toll; they may
even turn Ike the hel-hOuDds described by Milton
in his interview between Satan, Sin and Death at
tho gate OF Pandcmonum, and bstten upon the
may raven upon the States which created them
until like the living but loathsome carcass Of the
tyTant SyllR, they are literally devoured 10y the
Vermin bred from their own putrescence yet we
have no authority here to disturb single one Of
these parasites upon the body-politic in the eIor-
else Of any faculty with which 1t endowed by
the act of its creation.
hut, cir. there is one thing VIC can do, which
ought TO do, and which il is proposed 10, at least
partially, accomplish by the passage OF the bill
under consideration. We can deprive them OF the
extraordinary privileges which have been confer
red upon them by Judge-made la " in utter defiance
Of the Limitations OF the Constitution
After discussing at length the evil Of open
ing the doors OF the Federal Judiciary to a
certain class Of cases to which corporations
are parties, Mr.. Knott quotes the following
language from an opinion OF tine Supreme
Court OF the United States, delivered by Mr..
Justice Wayne
"A corporation created by State, TO perform its
functions under the authority OF that State. and
only suablc there. though il may have members
cut OF the State seems TO Us to be perrOn-though
State and therefore s entitled for the purpose Of
suing aud being sued, to be citizen Of that State
And then proceeds
but let see. sir how this singular hypothesis
Of the Supreme Court squares With soIue OF the
most ordinary and universally recognized rights
aud duties of citiZenship. II a corporation is
ff FNgnS SFaffa IN
OF that character citizen Of the nted Staos also
r. therefore, 1t has been in existence twenty-hve
was created, the court says IL is IL may be elect
ed to Congress; OF, if it had been chartered for
laturc as United States Senator; OF, without re
gard the date Of lts Incorporation it may be ap-
pointed elcctor OF President and Vice
and if the court had only gone step further
and construed it To be - nnturalborn citIon. it
fees, or he commissioned ~ General Of the Army
or sent as minister plenipotentiary and embassa-
teri Unfortunately. however, for the aspiration.
of these ncw-fangled citizens, Sir Edward Coke
: more than hundred years before our Government
wSs dreamed OF, suggested little diticulty in
their way which, under our constitution {. perhaps
iron clad or modified [Great Iaughter.l
according to tho same distinguished authority.
their less fortunate felIow-citizens cannot claim
and which may in some measure compensate for
not commit treason. felony, or other crime nor
suffer traitors felon's punishment. Thev
committed prison. for their existence being IDEAL
man can arrest them, thcy be tied up to
they totally unconccrned about the doctrines o.
. Plymouth Church the mistakes OF MoseE
lLaughter.l
but sir there /. nothing n all thi. that can be
so construed rs to excuse n corporation from tho
performance Of military duty. and y they cuov SO
many advantages vertheir in other
respects they should certainly DO required to Ia
their chances in the tented eld and ou tho terri
hle ridge Of battle In TACT am inclined 10 think
cir. that in mnny particulars an army Of corpora
tions would prove decided success Being tncor-
Porcal It would have nced OF camp oa1ipnge
. quartermaster's, commissary's. or medical storer
20 the Government could not only Eavc millions
upon millions of dollars on that account but dis
pense with the innumerablo host of staf orcers
with which the service il now infested. Laugh
ter Being invisible our soldiers could steal ufon
. tho enemy unawsTes and smtte him hip and
D thigh without 20 much - being rccn. IRenoycd
laughter Being intangible 1t would be impossi
ble for any Of them to Re wounded, We would
have no medical Snd surgical histories to print ri
an enormous expense, and no floods Of invalid pen
sion billie crowding the Private Calendar. Laugh
ter Having no bowels they could not suffer from
csmp disrrhGa and being immortal they could
not he killed in battle, or Il they could be il would
make no difference to them a. they have no soul.
u be damned in any event. [tireat laughter
How they would behave what execution thel
but there IL one thing of which have dcub
whatever, and that Is give them half chance and
they would he pretty certain to get with tn,
bulk Of the enemy's supplies-' Laughter
FACTS ABOUT THE COMING CESsUs-Th,
Census Office has issued letter OF instruc.
tons TO Supervisors of the Census which
lives considerable information in regard t,
the duties OF those who may be deputed t.
take the tenth census, as we'll as what NAV
and may not be done by both enumerator,
and enumerated. We quote
In no case will any part Of ono county he Ioine,
in an enumeration district with another county
In general, every town. townsiP OF militia dittric