The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-12-11


il regard to the administration Of the laws
of Alaska, the attorney generalis ia impressed
that such administration is not satisfactory,
and that it can only be made satisfactory
by new legislation. The attorney general
called attention to the evils of the fees sys-
tern, and advises "a substitute stimulated
salaries in all cases.
He reviews the legal proceedings in the
case of the Chilan steamer, Itata. and
sums up as follows Upon the trial of
this Indictment it WAS held by the district
court that these proceedings were not in
violation Of the neutrality laws OF the
United. States, first, because the enterprise
was a legitimate commercial transaction;
second, because the congressional party OF
Chilli, not having at the time received rec
ognition from the government Of the
United States either as q government de
jurs or as belligerents, acts done BY repre-
ssntativss and in the interest Of 4 party. in
g way hostile against tho Gillian govern
lnent were not ia violation OF tile statutes
of the United States. In short, only in the
interest OF a government recognized as such
de jure, or as belligerents, that the neu-
trality statutes of the United States can be
violated.'
Without discussing the proposition that
merce i venture the suggestion that in tho
case Of serious injury, commercial or other
wise, to the interests Of a nation with
which we are at peace, by ships fitted out
in our hnrbor, the plea of such non -recog-
milton would be very insufficient answer.
If the construction given these statutes by
the trial court shall be sustained on appeal
the statutes should, think be amended"
He reports i've suits commenced under
tho act OF August, 1883, requiring all tele-
graph lines subsidized by the government
by aud through their own respective corpor-
ate officers and employees, to maintain and
operate for railroad, governmental and
commercial all other purposes. such tele-
graph lines, and requiring tho attorney
general by proper proceedings to prevent
any unlawful interference with tho rights
and equities OF tho United States in
relation to such telegraph lines. On
this subject the attorney general says
tho Central Pacific Railroad company and
tho Western Union Telegraph company;
against the Southern Paciho Railroad COM
pany and the Western Union Telegraph
company, both pending iii tho northern
district of California, pending upon de-
murrers and motions to dismiss for want
OF jurisdiction. IT being claimed on behalf
of the Western Union Telegraph company
md the other corporations, necessary pSr-
ties defendant, having charters from either
states than California IA ttn d n hey cannot ba
sued in tho Unitsl States circnit court
in any distriet court other than that from
which they derive their respective charters.
III other W ords. they were not i1lhnbitants
Df any district except the district in the
state by which they we're created" Touch
ing the question OF jurisdiction raised by
those corporations not residentsof California
The attorney general says the result OF such
IL that corporation like the
Western Union Telegraph company, Il New
York corporation which is doing business
IN every state and district in tho union,
which has the right to sue in the federal
courts of the various districts, and if sued |
ia u state conrt they n,oye such suita for
litigation in the federal courts, cannot bn
'uea In the federal courts in any state out--
,ide Of New York. 1t il not believed that
lnch III the law, at least where the govern-
ncnt s plaintiff. Certainly it was not tho
Intention OF congress ia enaetng tho judi
,iary law OF 1888 to thus make corpora
ions u privileged class.
august 1883, (2b Revised stat, y, 4,4,) be
,monded by inserting tho proviso initials,
lfter tile word Inhnbitant,' the following
sentence, namely, And no civil suit shall
10 brought before elthor OF said courts
against any person by an individual pro-
,oss, or proceeding III other district than
hat wherein he is an inhabtant, provided,
hat any foreign corporation may be sued |
II any district whore IL may be found, pro-
,ess to be served as In like cnsa in the state
vhero aniu suit or action ia to be brought
such nmenotnent would restore tho law to
what IT was form century prior to the act
# March 3, 1887, and would Impose on
hose corporations liability to be sued cor-