St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-01-23
FOSTERS BILL.
Ttco Vie,cs of the Scheme Limiting Rail-
roads to State Courts.

T,co Tie,cs of the Scheme Limiting Rail-
roads to State Courts.
To the Editor of the Globe:
notice that the Republican papers of st.
Paul and Minneapolis are making great
efforts to defeat bill introduced by Hon. P.
A. Foster, of Mankato, in the house of repre-
sentatives, which provides that no foreign
railway, insurance or telegraph company
shall be permitted to do business in this state
except upon condition that it shall not trans
fer any case commenced in any state court
to the United States circuit court at St. Paul,
and providing that if it does so transfer any
case its right to do business in this state
shall cease. The GLOBE being Democratic,
and not presumably under the influence OF
monopoly as are the Republican organs,
should, by all means, support this bill. II
gives foreign companies all the
rights Of companies incorporated in our
own state, and cannot therefore
be considered unjust in denying them q
privilege that citizens of Minnesota and Min
nesota corporations do not possess. The
penalty Of forfeiture is severe one, but II
is the only penalty that is within the power
of this state to enact, and it is the only way
by which foreign companies can be permitted
to do business in this state and yet retain
for our own courts the jurisdiction to en-
force their obligations. The railways of this
state are our puolic highways, built largely
with public funds, and having and excercis-
ing the right to take private property for their
use because they are public roads. Our peo-
pie are compelled to travel over them, and to
send and receive freight over them, and are
liable to injury by their negligence. They
ought, therefore, to furnish tribunal within
reasonable distance in which their grievances
can be rcdressed within a reasonable time at
reasonable expense. If, however, our rail-
ways are p .rmltted to go into the hands of
foreign corporations having the right to
transfer all cases involving over $500 in the
circuit court at st. Paul, the people of this
state are wholly at their mercy.
There are very few who have cared to bring
suit against railroads who are able to 20 to
st. Paul, distance Of from 100 to 400 miles
and back TO try their cases. There is but
one circuit court In which to try all of these
causes and they may be detained In St. Paul
for six to eight weeks, with ali of their wit
nesses before they can got to trial. Few
who are able to follow these cases TO st. Paul
Ut All chu auDTu W take IuTte OF TOUR VIII
nesses at most, which if the distance be 200
miles, will cost 1874 per witness for mileage
The railway on the other hand can take any
number of witnesses they desire free Of cost,
and thereby out swear the plaintiff two TO
one, and then the bill OF costs taxed against
the plaintiff If be does not succeed Is enough
to eat up all the balance of poor mans
property after paying his own expenses.
,rGl D.. Of for 4.
enact penalties against railroads for failure
10 perform their duties In carrying wheat and
other products, unless they provide the
farmers with court within the
farmers reach, in which these PEN
aties can be enforced. II Mr.
Fosters bill passes, these penalties can be
enforced In the state courts, II not, there will
be but one court, the circuit court, with its
overcrowded calendar. for the trial OF all
cases against the railways exceeding $500.
1t is the duty of every farmer Of this state
and Of every lawyer Of this state, to use bis
best endeavOr TO have this bill become law
Every man insured in foreign insurance
com pany should remem Der that IL his property
burns up he will be obliged to take whatever
the com pany offers him or else fight his case
at great expense at st. Paul and then 1t may
90 up on appeal to the United States supreme
court and be five or six years before he can
get decision. II Mr.. Fosters bill passes 1t
will sucure to him a right Of speedy trial in
our owr. courts and still give the company
all Of the rights possessed by any citizen Of
this state. COUNTRY LAWYER.