Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1881-11-01
ElI.3sSriGMs DeGisi9H.

Ia ;:su Glpr.mo Court Of Tho United States
yesterday, the Baltimore aud Ohio Railroad
Company, ,.iaiHlifE in error. vs.. George W.
kocnz, administrator Mes. AGO and 7SS.
The cane plaintiff in orror Va. Monroe Fank-
hons0r. edm'r. 10 error to the Supreme Court OF
Appeals OF VirGiais These suits were brought
10 State court OF Virginia, uudor Statute Ct
that State, 70 recover from tho Baltimore and
Ohis Railroad Company damages for tbs death
oil Suudty persons named 10 the respective bills
who wore killed in an sccldent on the Washing
ION City, Eireiois Midland ard Great Southern
R,ilroad, which road Was at that timc leased
AID operated by tho Baltimore sad Ohio Com
pans. The p!siotif in error filed patton for
Tho removal Of tho cases from the State to the
Federal corits on tho ground that it was
corporation Ct Maryland. while the uam-
pliirants we're all olt!G,nB of Virginia. Tho
Stale court refused to permit the removal for
the assigned reason that tho Baltimore and
Ohio Company. By tasng the Virginia Mid
laUd road, became corporation Of tho State of
Virginia and could properly be sud 10 tho
courts of thas Slate. The q1estian hero
nreacnod is whether, by taking loaso Of
tho road Of Virginia corporation. the Balti-
moro end OhiO Company, being a oiliz,n Of
Maryland, made itself also q citizen OF Viz
s!bia Tor all purpcses connected With tho use of
the loasOd property. This court holds 10 an
elaborate opinion by Chief Justice Wsitc, thst
the rights Of corporaton0 outside tho States uu-
der tho authority OF which THEY were created
depend primarily on their charters. 1t their
charters slow il thoy may exercise their char
tered privileges and cary on their chartered
busaess in any other State which By express
grant or BY Implication permits them to do 30.
fhey hGvo 90 absolute right Of recognition 10
any other SsGso than thoir owo, and tho State
which rCcog0iZ?s them can impose such coDd:-
tons 90 lis recognition as i. chooses not incon-
ais!cnt with tho Constitution aud The laws of tho
Uaitod States. If they arc recognized aud
permitted to DO business without Limitation,
! expressed or implied they carry with them
wherever they 20 al their clartercl rights end
may claim ell OF their chartered privileges
which oan DO used swty from their legal homo.
l'y doing business away from their legal resi-
dcnco, which Is at !boir principal placo OF bus
| ness within tho State thht brought them into
exIstuuce, they do rot change their citizenship,
but simply extend the field of their opira-
tlons. They reside at homo, but do
business abroad. This court, therefore,
docs not hesitate to say, with all duo re-
apeo. iol tue Soutt u AupeaiS vi flrRlpla,
that the Baltimore and Ohio Railroad Com
paDy, by taking lease from tho Virgins cor.
noration. With tho unconditional assent of the
State of Virginia, Of railroad which could only
DO operated by tho uso in Virginia of the corpo.
rate franchises of the Lessor. did not make itself
a cit'%an of Virginia, or part with any of the
rights il had as citizon of Maryland under the
Constitution ar Il laws of the United States. The
Baltimore aud Ohio Railroad Company there.
!oro WAS entitled to have these cases removed 10
The Federal courts, aud the refusal OF tho State
court TO permit euch removal was all error The
judgment of tho Court of Appeals in each of tho
cs8Gs is r67eraed.