Mexico weekly ledger., 1880-02-26
CONGRESSIONAL
Legal Status of State Corporations in tht
United States Courts.
HOUSE.

~. ". EeU' 80
Knott of Kentucky, Chairman OF the
Judiciary Committee, said: MIR.
Speaker, 1 agree with the gentlemen
who occupied the last morning hour,
that in the present advanced state OF
civilization, corporations are some
times not only convenient, but neces-
sary, especially in the prosecution of
enterprises requiring the employment
of very large capital; and yet, it
seems to me, that if there is anything
in our social or political condition,
which should challenge the serious
consideration of American statesmen
of all parties, it is the extraordinary
multiplication and enormous aggran-
dizement of such institutions in this
country. Look around you, sir, and
you will find them on every hand,
organized for every conceivable pUr-
pose that cupldlty Or caprice can
suggest. Turn which way you will,
we are confronted by these ideal en-
titles, these incorporeal, intangible
faculties, these viewless, bloodless,
soulless beings, whom an omnipotent
Deity never created, and for whom
there is no provision in the plan OF
salvation. Every avenue of enter
n,;,o =. opruloN With 4bn~ NCbo{ho,
on land or the sea, in the mine OF
mandatory, We find them arrayine
the merciless might of consolidated
capital against the over-matched and
over-taxed tissues of individual and
unorganized energy. They have in
vaded even the sanctuary, and made
merchandise of the priceless comports
of religion. The rage for corporate
privileges has become so prevalent,
that the Young Mems Christian AS
socistion can scarcely hold a prayer
meeting without an act of coneres:
Or q charter from 3 state legislature
authorizing them to IL and be sued
plead and be impleaded. Instead O
the old-fashioned, plain-spoken herald
CT the cross, proelalming to a SIN
stricken world. Except We repen
We shall all likewise PERISH" we fine
some sleek sybarite employed at
salary of twenty or thirty Thousand
dollars to soothe the somnolent stock
holders of an incorporated churcl
with appearances that there is no hell
l am perfectly aware, sir, that con
gress has no power tc prevent thu
several states from multiplying sucl
institutions, but there is one thing W,
can do, which we ought to do, ant
which is proposed, at least partially
to accomplish by the passage of tin
bill under consideration. We cal
deprive them of the extraordinar,
privileges which have been conferred
upon them by judge-made law il
utter defiance of the limitations Of tn,
constitution. These priviledges hav'
not been conferred because of char
tiers granted by congress, Il broade
ground has been occupied, and b,
judicial necromancy, the corporation
has been dissolved and remanded bacl
to the original individuality Of it
constituencies, in order to determin,
the supposed rights of persons
strangers to the record. But in this
important principles settled for cen
turtles have been either overlooked 0,
Intentionally ignored. 1t was for
gotten that for all the purposes con
templated by its charter, a corpora
ton is as complete a person in Law
as any of its corporators; that it is
just as distinct in respect of its rights
and liabilities from each of its mem
bers, as its members are from each
other; that it may contrachEwftf-hAd
u and be sued by e.iiy and all of
them and -tbSt in making the decla-
fsAsssn that a suit by a corporation is
the suit of the individual corporation,
a legal absurdity is set up, which is
tantamount to IN assertion that 8
man may sue or be sued by himself.
The truth is, sir, that one OF the mair
inducements to the formation of cor.
poIations is, that the individual cor.
porators are responsible neither il
person nor fortune for the acts or de.
i%lnquencies of tue artificial being, o
which they are the constituent mem
bers; yet, if it be true, as has beer
held, that a suit by or against q cor
poration is nothing more or less than
4 snit by or against a number of nat
ural persons suing Or defending unde.
a common name, it should follow a:
a legal consequence that each ofthes'
persons should be individual,
answcrable for it's results.