Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1886-10-13

larry undemOcfatlc and 0pp060d to the
interest Of the many and calculated to
give wealth and monopoly an unreason-I
able power and advantage over the poor
and middle class. Let me illustrate By
an example. Our state constitution pro-
vides that sseYery person ought to obtain.
justice freely and without purchase, CONF
pletely and without denial, promptly and
without delay And substantially the
same provision may be found in the con-
%stitution of every state. This was not
only the letter of the organic Law, but the
practice until a period subsequent to the
war. But a great change has been
wrought. [ appeal to those who have
seen nearly as many years asI, that until:
Of late it was very rare to hear Of q case,
being transferred from the state to tho
federal court. But since then vast cor
porations have been multiplied and Laws
have been enacted which authorize the
transfer Of numerous cases and classes Of.
cases not before transferable. This is the.
result of practice. A widow desires to-
collect a sum secured to her BY a policy.
on her husbands life, or q person having
a fire policy on his personal property
which has been destroyed by fire wishes.
to collect the amount secured. Suits.
brought, payment by the company being
refused. The first step by the company,
If. it is a foreign corporation Or the de-
PENDANT is not a citizen of. the United
States, is to remove the suit S&
INTO THE FEDERAL COURTS.
This largely increased the expenses Of
litigation and is therefore asgreat hard.
ship. If the claim is over $4,000, the
company can appeal from any judgment
of the circuit court to the supreme court
of the United States, where the case;
cannot be reached under four years.
This is simply a denial Of justice and
places the person dealing with, the cor
poration at its mercy. The same is true
when it is found necessary to sue a rail-
road company which is a foreign corpor-
alton, on any contract or. for any personal
injury, or for any other tort. This, too,
is a republican measure and is retained;
in the statute book by republican votes
-or by the refusal of the republicans to
consent to its repeal. Mr.. Townshend,
a democratic member from Illinois, at
least orce-I believe t%wice--got a bill
correcting these evils through the house.
| know that to prevent the passage of the
bill in the senate, a prominent insur.
ance company of New York retained one
of the ablest law firms of that city to
prepare a brief against the law, which
was handed to the judiciary committee
of the senate, and the bill, I think, has
never seen the light since. And here
wish also not to be misunderstood. I
have no doubt that ninety-nine out of
every 100 republicans in my hearing
would oppose this, but the eastern manu-
%facturers, railroad companies, telegraph
companies, express companies and all
CONCENTRATED CAPITAL
oppose repeal, and just that class have
dominated the republican party for many
years. While western republicans have
slumbered and slept, their interests have
been triaed with and disregarded. i have
deeply felt the wrong of this centralizing
tendency. It is undcmocratlc, 4nrepub- ).
lican, unjust. Impressed with this view
and with the great injustice Of this law
to the masses Of the people and the un-
just and outrageous advantage which it
gives to corporations and concentrated
capital, and for the purpose Of calling
attention to it, I read a paper before the
State bar association q little oyer two
years ago, in which I attempted to ex-
pose the injustice and wrong. In that
yaper I used this language:
1 have said that in my opinion this mod
ern doctrine is not reconcilable with the
constitution. 1 believe any one who will
study the question candidly will assent.
to this view. I also said thatyit il 9un-s
fortunate, and in opposition to. tho inter-
ests and rights of the people generally.
I wish to add a word as 10 the aspect Of;
the case. I admit that this final decision
as to the jurisdiction of federal courts In
such cases is just such as meets the apzs
probation of corporations and organized
capitalists generally, But as "God
made the earth for man and not for trade,,1s
OF even for corporations, we, should nots
entirely overlook the interests and rights:
of the people generally in the considers
ton ofsuch a question. The constitution
of our State provides las do the coIstiss
buttons of the several States AS q rule,)
that "every person is entitled to q certain
remedy in thelaws for all -" -
INJURIES OR WRONGS
which he may receive in his person,
property or character" he oughtto obtSinl
justice freely and without purchase,
completely and without denial, promptly:
and without delay, conformably 70 the
laws. This should be the birthright.l Of
every American citizen, even III the ab-
sence of any constitutional provision,
But the modern doctrine Of the federal
courts takes away this right, and delivers
the masses Of the people bound band
and foot to the tender mercies Of corpora
tions and concentrated and organized
capital. Every lawyerof extensive prac~
tice has very frequent il~lustrations OF
this. A has insured his property in .
foreign corporation for a sum exceeding
3 5000, and the property is destroyed b
fire. The insurance company retQe!es
payment. The assured is compelled, S
great expense, to bring suit in the federal
court. Ordinarily the expense ofzsnch
litigation at such a distance, from biz
home is a great burden and Hardship; IL
some cases nearly denial ofjnstice,But
this is onlythe beginning ofhA. calamity.
An appeal may be taken BY the insar-
ance company-if decision Is advefeto
ito the supreme court Of the United
States. This delays the FINAL deciliion
about four years longer. Unless the ~
sured is wealthy, ifhe relies, $ is ordina-
rily the case, on the amount recQseIod
from the insurance company to nsplacs
his building OF his stock, the delay Il sm-
ply ruin. He is therefore compelledex-
necessitate to accept such terms Of com.
promise As the corporation sees ft too On
/ might instance too the case fife insur-
ance, of claims for personal injnEia
against railroad companies, Of claims On
contracts or for torts
AGAINST FOREIGN CORPORATIONS,
generally. many and all suchcases IL
claimants, when the case IS removed
into the federal courts, and the amount
is sufficient to give Alright O appeal, ne,
If not wealthy, simply Ct the mercy q
the corporation, and compelled @ acpspl
Il %ZE - - ~ - 1890 - -