National Republican., 1883-01-17


these terms occurred in the act of 1875. This
amendment would have the effect of making
the minimum jurisdiction of the circuit courts
$4,000 instead of $500, and would materially
decrease the number Of cases on the dockets
of those courts Tho second change re-
issorv notes. by tho judiciary act
Of 1850 the circuit courts were denied
Jurisdiction Of all cases relating to the assign
ment of n promissory noto and other chooses
in action, unless tho suit might have been
maintained had no assignment been made.
The law Of 1875 gave the circuit courts iuris-
diction over this class of cases, and this bill
proposed to restore tho law Of 17SD in this re-
spect. The next change proposed was TO re-
strict the right to remove cause from tho
state to the federal court TO tho defendant.
The most important change, however, was in
regard TO the jurisdiction in q suit between
corporation and citizen. There was no
higher duty dcvolving upon congress than
that of lessening the power of corporations
which oppressed the people and consumed
the time of tho judicial departments of tho
government until tho burden was so great rs
TO bo intolerablo. If that power could be
lcssened lawfully and without injustice to tho
corporations, and the interests of the people
promoted, il should he done. The bill
proposed to tako from tho circuit
courts jurisdiction in any suit of o
OlNll uNluTb UNlWeeu " corporation created
or organized under the laws of any state and
n citizen of any state in which such corpora
tion, at the time tho cause of action accrued.
may have been carrying on any business au-
thorized by the law creating It, except in cases
arising under the copyright or patent laws,
and in like cases in which said courts are au-
thori2cd to take original cOgni2ancc of suits
between citizens of the same state, and pro-
hibitcd any such suit between n corporation
p N ~ pf "A gi ~ "A tsli ipl
may be doing business from being removed
into any circuit court of the United States
except in like cases in which such removal is
authorized in suits between citizens of the
same state.
The committee on judiciary recommended
an amended striking out the words "crcated
or organized undcr the laws of any state" so
rs TO make the legislation apply TO corpora
tions created under acts of congress.
Tho bill also proposes TO repeal section Gi0,
Revised Statutes, which provides that when
ever u suit is brought in u state court against
n corporation, other than banking corpora
tiOn created under an act of congress- the cor
pOration may remove the same to the circuit
court on an application which shall set out
that its defense arises under the laws or the
constitution of tho United States.
Mr. Humphrey said that one of tho objects
of the bill was to prevent plaintiff dragging
q defendant into state court and then drag
ging him into federal court but il did not
deprive the plaintiff of his power of selecting
his forum lie was in favor of repeating Sec
tion 6l0 of the Revised Statutes, so as TO
place corporations created in any one of the
states on the same footing rs any citizen, and,
when they had chosen their FORUM they
should he bound by il. He was opposed to
the proposed amendment because il took away
from the circuit courts original jurisdiction of
suits ofa civil nature between corporations
created by act Of congress and n citizen of any
state, Without that amendment the proposed
act would be productive of great good
Mr.. Mouton made an argument in favor of
the bill.
Mr., Bisbec, of Florida, opposed the bill, be-
lieving that tho great majority of litigants
were in favor Of the present law and did not
want the jurisdiction Of the federal courts di-
minished and the power of the state courts in
creased. The measure, in his opinion, would
multiply the evils of litigation.
| The pending business was temporarily laid
aside to enable Mr.. Kelley, of Pennsylvania,
to report
THE TARIFF BILL
from the committee on ways and means, and
| it was referred to the COmmitte ON the whole
Mr.. Kelley then, under direction of his
committee, offered II resolution declaring that
in view of the prolonged discussion of the
tariff mt tho first session of this congress, the
II
and the public anxiety touching the probable
action of congress on the subject which was
deranging from the ordinary course of trade
general debate be limited to one day, and
that tho house proceed ON Tuesday, the
twenty-third day Of January, to consider the
bill.
Mr.. Tucker said that the committee on ways
and means had called upon the secretary OF
| the treasury for certain information, and until
that was obtained it would be impossible fol
the minority to present their views He was
therefore, constrained t9 object TO the resolu
tion.
A resolution was adopted for tho printing Of
G,00O copies of the bill.
The house then resumed the consideration oi
MIR, CULBERsoN's BILL.
The proposed amendment, as stated in Mr.
Culbcrson's remarks, was rejected.
The bill was then passcd-ycas i3i, nays 67
Mr.. Robeson, from the committee on appro'
priations reported
THE NAVAL APPROPRIATION BILL,
and it was referred to the committee of the
whole. Mr.. Robson gave notice that howould
| call the bill up for consideration on Thursday
On motion of Mr.. House, u joint resolution
was passed authorizing the secretary of wal
to loan 100 tents to the directors of the COM
| pettive drill TO be held at Nashville, Tenn.
Tho house then, at 3;2O, went into COM
| llllltt Ol lHb NllOlt NhIs IVY VI iNNlSHoj ~
the chair,) on the state of the union.
The first bill on the calendar was one appro'
propriatng $3.50, 100 to reimburse
THE STATE or MASSACHUSETTS
for certain expenditures for coast defense dur.
| ing the late war. After brief speech in sup
port of the bill by Mr.. Bowman, Mr. Bragg
| criticised the fact that the bill had been con
sidered by the committee on claims, instead
of by the committee on war claims to which
under the rules, IL should have been referred
| Had Massachusetts become frightened Mt the
complexion of the committee on war claims
| The bill had been first presented in 1866
when IL was fresh and before it had become
ripencd and sweetened by age, ana yet con,
| grcss, two-thirds republican in politics, had
| failed to pass it, He considered IL an imposi
| tion on congress for Massachusetts to come and
ask for a reimbursement Of money expended
for local defense.
Mr. Robinson advocated tho bill
| The money had been expended in re-
| sponse to n letter from Secretary Seward
| and to meet tho emergency pictured in that
| letter. which was called to the attention OF
the legislature by John A. Andrews, the great
war governor of Massachusetts, whose power
and perseverance and patriotism could be at
tested by another great war governor who sal
upon this floor (alluding to Mr. Curtin, oi
| Pennsylyania). 1t was true that the claim
was old, but il would be older if congress went
on In this way, and refused to consider IT. II
IL was right it ought to be paid.
Mr. Curtin did not think that the claims
should bo paid ON the authority Of the letter
Of Secretary Seward. Tho governors of Penu'
sylyania, Delaware, and Now Jersey had re.
ceiyod similar letters. lfthis bill was passed
Pennsylvania would bring her claim, and
d. d lao. tYHN