Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1881-11-02
An Important Decision
THE BALTIMORE AND OHIO COMPANY
CANNOT BE SUED IN THE VIRGINIA
STATE COURTS EXCEPT BY CONSENT

| CANNOT BE SUED IN THE VIRGINIA
STATE COURTS EXCEPT BY CONSENT.
| WASHINGTON, Oct. 31.-In the Su-
preme Court Of the United States to-
day Chief Justice Waite delivered the
opinion OF the court in the cases Of the
Baltimore and Ohio Railroad Co.,
plaintiff in error, VS.. Geo. w. Koontz,
administrator, and same plaintiff in
error vs. Monroe Funkhouser, admins
traitor, in error to the Supreme
Court Of Appeals OF Virginia.
These suits were brought in a State
court OF Virginia, under statute OF that
State, 10 recover from the Baltimore
and Ohio Railroad Company damages
tor the death Of sundry persons named
in the respective bills, who were killed
in an accident on tho Washington ali d
Virginia Midland and Great Southern
Railroad, which road was at that time
leased and operated by the Baltimore
and Ohio Company. The plaintiff in
error filed petition for the removal Of
the cases from the State to the federal
courts on the ground that the Baltimore
and OHIO Railroad Company was cor
poration of Maryland, while the COM
plainants we're all citizens Of Virginia.
The State court refused to permit the
removal, for the assigned reason that
the Baltimore and Ohio Company, by
leasing the Virginia Midland Road, be-
came a corporation of the State of Vir
ginia and could properly be sued in the
courts Of that State. The question here
presented is whether by taking lease
of tie road, Virginia corporation, the
Baltimore and Ohio Company, being a
,izen Of Maryland, made itself also a
citizen OF Virginia for all purposes con-
necied with the use of the leased pro.
perty.
This court holds that the rights OF
corporations outside the State under the
authority of which they were created
depend primarily on their charters. III
their charters allow it they may exercise
their chartered privileges, and carry
on their chartered business in any other
State which by express grant or by i'm
pllcalion permits them to do so. They
have no absolute right Of recognition in
any other state than their own, and the
State which recognizes them can lmboso
such conditions on its recognition as it
chooses, not inconsistent with the con-
stitutlon and laws of the United States.
Ii they are recognized and permitted 10
10 bnsiuess without limitation, express
or implied, they carry with them where
ever they go all their chartered rights,
and they nay claim all their chartered
privileges which can be used away fIom
their legal home. BY doing business
away from their legal residence, which
is at their principal place of business
within the State that brought them into
existence, they do not change their ciii-
zenship, bat simply extend the field Of
their operations.
They reside at home but no business
abroad. This court therefore does not
hesitate TO say, with all due respect for
the Court OF Appeals Of Virginia, that
the Baltimore and Ohio Railroad Com
pauy, 10y taking lease from the Vr'
sinia corporation, with the anconditioA-
al assent of the State of Virginia, OF a
railroad which could emily be operated
by the use 10 Virginia of the corporate
franchise of the lessor, did not make
itself citizen Of Virginia, or part with
any of the rights it had as citizen OF
MARYLAND under the constitution and
laws Of the United States. The Balti-
more and Ohio Railroad therefore was
entitled to have these cases removed to
the federal courts, and the refusal of the
State court to permit such re moval was
an srror. The judgment Of the Court OF
Appeals in each Of the cases is reversed
and the cases are remanded to the
Supreme Court Of Appeals Of Virg MIA
with directions to reverse the judgments
Of the Circuit Court of the county aud
transmit the cases to that court with
instructions TO vacate all orders and
judgments made or enteredi ia said cases
subsequent to the filing Of the several
petitions for removal and proceed no
further therein unless its jurisdiction be
restored by the action OF tho Circuit
Court of the United States or OF this