St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-09-17
THE OPENING GUN.
Continued from First Page

But q great change has been wrought.
/ appeal to those who have seen nearly as
many years as that of late it was very rare
to hear of case being transferred from the
state to the federal court. But since then
vast corporations have been multiplied and
laws have been enacted which authorize the
] transfer OF numerous eases and classes OF
| cases not before transferable rms Is the
result of practice. A widow desires TO coiiect
sum secured to her by policy on her nus
bands life, or a person having fire policy
on his personal property which has been de-
stroYed by fire wishes to collect the amount
secured Suit Is brought payment by tue
company being refused. The first step by
the company, If 1t is q foreign corporation or
the defendant is not a citizen of the United
States, is to remove the suit
INTO THE FEDERAL COURTS.
This largely increases the expense of liti
cation and is therefore great hardship. But
this is not the end of the calamity. 1t the
claim is under S., 900, the company can ap-
peal 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 denial of justice and
places the person dealing with the corpora
tion at its mercy. The same is true when it
| is found necessary TO sue a railroad company
which is q foreign corporation, on any con-
tract or for any personal injury, or Tor any
other tort. This too is a Republican measure
and is retained in the statute book by Rcpub-
liean votes-or by the refusal of the Republic
cans to consent to it's repeal. Nj. Townshend,
Democratic member from Illinois, at
least once Il believe twice got q
bill correcting these evils through the
house. l 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
brief against the law, which was handed to
the judiciary committee of the senate, and
the bill, | think has never seen the light
since. And here wish also not to be mis-
understood. / 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 dom
| mated the Republican party for many years.
While Western Republicans have slumbered
and slept, their interests have been tr1hed
with and disregarded. have deeply felt the
wrong of this cent raliZing tendency. 1t IS
undemocratic, unrepublicau, unjust. In
pressed with this view and with the great
| injustice of this law to the masses oil the
people and the unjust and outrageous advan-
tage which it gives to corporations ana con-
centrated capital. and for the purpose OF call
| ing attention to it. | read paper before tne
! State Bar association little over two years
| justice and wrong. In that paper used this
| language
| 1 have said that in my opinion this modern doc
trine is not reconcilable with the constitution.
believe any one who will study the question can
! ddly will assent to this view. | also said that 1t
| I'm fortunate, and in opposition to the interests
and rights OF the people generally. wish TO aoo
| word as TO this aspect of the case. admit that
this final decision to the jurl sdcton OF federal
courts in such cases is just such meets the APP
probation OF corporations and organ zed capitalists
| generally. But God made the earth Tor man
| and not for trade" for corporations, we
should not entirely overlook the interests and
rights of the people generally in the consideration
of such question. The constitution OF our state
| provides Gas do the constitutions of the several
states as ruie,) that every person is entitled
| to certain remedy in the laws for all
INJURIES OR WRONGS
| which he NAV receive in his person, property or
character; he ought to obtain justice freel and
without purchase completely and without den al
| promptiv and without delay, confOrmably to the
| laws This should be the brthright of every
American citizen, even in the absence of any con
| sttutional provision. But the modern doctr ne OF
| the federal courts takes away this right. and
! delivers the masses OF the people bound hand and
! foot to the tender mercies of corporations and
concentrated and organized capital Every lawyer
of extensive practice has very frequent illustra-
lions of this. has insured his property in Tor
egn corporal on for sum exceeding $4,000. and
| the property is destroyed by fire. The insur
ance company refuses payment. The assured
/ is c0mpeUeQ, AT great expense, W prlns
suit in the federal court. Ordinarily the expense
| of such LITIGATION at such distance from his home
! is great burden and hardship; in some cases
nearly denial of justice. But this is only the
| beginning of his calamity. An appeal may be
taken by the insurance company--if decision is
adverse to ito the supreme court OF the United
| States. This delays the final decision about foul
years longer. Unless the assured Is wealthy, II
| he relies as is ordinarily the case on the amount
| recovered from the insurance company to replace
has building or his stock. the delay is simply ruin
He is therefore compelled ex-necesstate to accept
| such terms OF compromise as the corporation
sees fit to offer. l might instance too the case OF
life insurance, of claims for personal injuries
| against railroad companies, of claims on con
tracts or for torts
AGAINST FOREIGN CORPORATIONS,
generally. In any and all such cases the claim
/ ants when the case is removed into the fedora
courts and the amount is sufficient to give right
of appeal, are, if not wealthy simply at the mercy
| Of the corporation, and compelled to accept such
terms of adjustment as may be offered. The su
preme court may declare that 1.-The practice
! founded on these decisions, Establishing the
modern doctrine). at least, Injuries or wrongs nc
! one;" but this simply shows their ignorance OF
| the practical operation of such doctrine. Some
say the people will and should Use in their might
and declare and insist that the rule of the const
tuition shall be restored, and the rule established
by the federal courts be abbrogated; and that the
rights of the people shall be regarded, ms tead OF
/ the interest of capital. This modern rule is
| one of the most objectionable phases oil
|
nify the officer at the expense of the people, the
| central government at the expense OF the states
the strong at the expense OF the weak, the rich al
the expense of the poor, the lawyers of the prnci
| pal cities at the expense of the members of the
profession generally. The remedy is easily stated
| but not easily applied. See to it that members OF
! congress elected who have influence and will
use it for the repeal of the modern Objectionable
| enactments and leave on the statute-book either
the judiciary act of 1879, or one in principle the
] same; who will use their influence to secure the
| FL
| eral judiciary within the bounds prescribed by
| the constitution
TINE WILL NOT PERMIT
me to refer to other Objectionable instances
! of Capitalization, which is opposed to the
| genius of our government and the best inter
| est of the people. The social and political
| evolution of the last twenty years has pre-
sented questions not less important than
those we have been considering. The rapid
| and unprecedented accumulation OF
| capital in the hands of a few persons,
| traceable partly to the monopoistic tendency
| and laws above ayerted to, and partly to other
| causes, has presented questions deserving the
| most serious consideration of every legislator.
| There has been for years cloud in the politi-
! cal horizon which. though not till recently
| bigger than mans hand, portended political
| disturbances. In an address by me, delivered
about four years ago before con-
| yention of teachers at st. Paul, used this
|
pioneers, telling the forests, opening mines,
building the highways and generally making
the rough places smooth We have looked to
Europe for arts, sciences and literature, as
well as for the capital to develop our internal
resources All this is changed. Now not
only the mines under our mountains, but
OUR INTELLECTUAL MINES,
have been developed While Europe has
| been our banker we stand to-day tho second,
| soon to be the first, nation in the world in
amount of accumulated capital One of the
most accurate and learned staticians of the
British empire, after comparing tine balance
sheet of the nations of the world for the de-
cade ending 1880, SAYS: 1T would be impos-
sible to find in history parallel to the pro-
gress of the United States in the last ten
| years" While these facts, so briefly limited
ut, must be most gratifying to our national
pride, and, it is to be hoped, stimulating to
our patriotism, yet they bring with them the
responsibilities OF greatness responsibilities
which we cannot postpone and which 1t
would be criminal to ignore. While we were
mostly but a community or communities of
| agriculturists; while free, rich lands were &c
be had by all at mere nominal price, OF
| fnI itot had mot