Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-09-03
ENCROACHMENTS or TIE FED
ERAL .JUDTCIARy.

I isPFiH - = DftihA
Hon, Chas. II. Peers, Missouri law
/ yer and political leader OF some dstinc.
ton, contributes some thoughts to the
press that are worth the attention of
Democrats all over the country
Mr.. Peers AYERS that "the tendency to
transfer into the federal courts matters
which ought to be passed upon end CON
trolled entirely by state tribunals, is, to
say the least, very alarming, and is sug-
gestive OF that centralizine power of
which we have formerly heard so much.
People complain, and justly, too, of be-
ing compelled to litigate in federal trlbu-
| nails with insurance ana railroad COM
panics Tor acts committed within the
jurisdiction of our. circuit courts"
The constitution clearly defined the
limits of federal jurisdiction, and emu
meratcd the instances in which the fed
eral courts should take cogniAncc as
follows: "'rhc judicial power shall cx-
tend to all cases in law and equity aris-
ing under this constitution, the laws of
the United States, and treaties made,
or which shall be made, under their au-
thority;to all cases affecting ambassadors,
other public ministers and consuls; all
cases Of admiralty and maritime jurisdIc-
ton; to controversies to which the
United States shall be a party; TO contro-
versies between two or more states; be-
tween state and citizens of another state;
between citizens of different states; be-
tween citizens of the same state claiming
land grants under different states; and
between state, or citizens thereof, and
foreign states, citizens or subjects" In
this enumeration no subject is placed
under the authority of federal courts
wherein the state courts could enforce
their determinations; but jurisdiction is
strictly confined to such matter as ac-
company the exercise of eminent domain,
which in this country resides in the fed
eral government
The centrallzlng tendency of the Re-
publican party through twenty-four years
OF rule has permitted and encouraged the
encroachncnts of federal judicial author
| ity, and we find the rights of the state
courts constantly usurped. Judge Treat
of the United States circuit court In a re-
cent decision, used this language; "No
wrong, however great, can be legally
rlghted against the corporation, unless il
be done in the United States court, and
an attempt to sue for damages in the
state courts subjects the plaintiff to fine
and Imprisonment for contempt. The
corporation referred to was railroad
company then in the hands of receiver -
Mr. Peers would correct the prevailing
tendency to supcrsedc state BY federal
| jurisdiction by u two-fold remedy. First.
he would cut down the jurisdiction of
the federal courts TO matters pertaining
to governmental questions alone, such as
patents, revenue laws, uavigablc streams,
etc.i and, second, every foreign corpora
tion, association or copartnership organ
lied under the laws of any state should
be required before permission is given to
/ do business in other states, to appoint
an agent ON whom process of law could be
served In the state where such agent is
doing business, and to tlle an agreement
with the secretaries OF state OF the va.
rious states that such corporation would
not remove any suit for trial into the
United States courts, The first of these
remedies must be sought bs congressional
legislation; the second is within the
power of any state TO enforce, nd as a
protection TO the states citizens should
be adopted. In Texas, and throughout
the South generally, where has been pre-
served unimpaired the old-time feeling OF
devotion to states rights and the protec-
ton OF the individual against the en-
croachments of federal power, law OF
this intention will lind ready favor, and
can easily be secured, The author OF
such law in the Twentieth Texas lcgls-
lature win build flrmly upon the respect
OF the people.