The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-02-26
COLONEL oULBERsoS's BILL.

The bill Ia TO amend sections J., 2, 3and 10 OF
m act TO determine the Jurisdiction of Cir
cult courts Of tho United Stat
and 10 regulate the removal
OF causes from State courts and for otherpur'
poses, approved March Ord, 1875, ltiuyolves
questions Of vital interest 10 tho people OF
oyeIy State In this Union, General H. i,
Butler of Massachusetts, himself n lawyer OF
distinguished ability, paid Colonel CulbeHon
tho compliment of saying ho was tho most
learned lawyer on tho Judiciary committee
Of the House Of Representatives, and II
there Ia any gentleman in Congress
able TO draw bill 10 cover
all the requirements Of the case rs contcnl-
plated IN the bill In question, that gentleman
Is Colonel Culborson. The especial grlcy-
ance of which tho people of State have
most cause 10 complain 10 that feature OF tho
law as It 10 now enforced which permits any
corporation when sued In u State court to
remove the cause TO the United States Circuit
court. Corporations arc not per so curses or
necessarily causes ofhardshlp upon thepc, pie
Whom thoy are controlled by proper ! mi
tntions and reasonable checks they aro a
blessing TO the cOuntry, for they are porh0l s
tho greatest Of all factors in developing its
resources and giving m impetus to its ma
tcrial prosperity When soulless greed of
gain, heartlcss avarlce inspires them, then
they become monsters of oppression, over
riding in their might individual right. When
the citizen of any sectioa Of tho country
thinks, then, that he has rights that have
been denied him by corporation, that he
has claims against that corporation t NJ
are Just, and feels called upon TO appeal to
the a Indication of n court why should no
not have right to do 50 in that State court
which has It's sittngs in his vicinngc,
in tho vicinago where the evil, if any
has occurred? Why should n corporation
DO clothed with that privilege so high in It's
nature that 1t ovcnhadows the humber priv
elegos of the mere individual that it can re-
move cause TO distant tribunal to II
Federal court, and compel the individual nj
great expense at much Inconvenience,
to seek for his rights, to prosecute his cnims
away from the locality whert the cause
of action, if he have ono in law, accrued,
and whore II Is dillcllt for him to present
that array of facts no may rely upon! Is
not the humblest citizen of any State in this
Union the equal before the la " of any cor
poration ever chartered by State or federal
enactments? Is not every citizen of every
State in this union of States, component
part of the government Is he not in his
capacity as a citizen, in his capacity as n
component part of the government,
one of the creators Of every corporation,
corporation being but creature of the law,
chartered by the people? Then is mot the
creator greater than the creature? Why,
then, should corporations have rights that
individuals have not? The bill in question
proposes that the rights Of citizens shall be
passed upon by jury of his peers and in the
locality where he lives, and where his rights
have been encroached upon. 1t provides that
domestic courts shall adjudicate ma orty of
causes, and it has in view stoppago OF that
practice which is an harassment and griev-
GUS expense to honest suitors, by sending
them to distance from their homes unto
courts, the modes and procedure of which
are unknown to them, and where being
strangers no matter what their integrity
of character, their probity and reputation
for honor and honesty may be, they
can be of no avail to them. There would not
be such cutlery against United States Circuit
courts if there was not cause therefor 1t
comes up from all over the land, and the
people of every section of this Republic de-
mand relief of Congress. Look at this, the
Federal district of North Texas. There are
only three places in all this district where
court is held, and yet the territory of its
jurisdiction is equal TO small empire
in extent. So it is with every
one of the three Federal districts in this
State Why, then, should u citizen of
Wheeler county, three hundred ..or more
miles away, if there was railroad traversing
that county, be compelled to come to the
United States Circuit court in session here in
Dallas, to prosecute his cause, if he should
have a suit against that railroad? Yet as
the law now exists, he could be forced to
it, when material justice could just as we'll be
done both parties in the State court held in
in that country. The bill We have been
briefly discussing is now pending in Con-
gress. The ablest talent in the House IS sup
porting it and pressing it with inccntoverti-
Bile logic to passage, and we hope to see it
become law. We have but crudely consid-
,red one branch of the bill, in this article,
yet deem the other of just as vital import
.nce and at some other time will discuss it.
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