The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-12-11
DEFECTS IN THE LAW.
Chinese Exclusion Act Liable
to Misunderstanding.
LAX GOVERNMENT OF ALASKA.
Appropriations for United States Prisons
Overlooked The Proceedings
Against the Steamer Itata.

port of Acknowledgement Miller was submitted
to congress today. 1t reviews the business OF
the United States supreme court, and devotes a
chapter TO the circuit court of appeals, which,
he says, has been organized in each circuit and
is really for business, although the additional
circuit judge in each circuit has not yet been
appointed. Mention is made o: the heavy in
crease in business In the court OF claims, and
the accommodation is made that the working
force OF the court be largely increased. He says
it is also necessary that some provision be made
for representation OF the interests of the govern
ment before the board of appraisers in the Gus
toms cases appealed from collectors to the board
OF appraisers.
He invites attention TO the special report on
the subject OF Indian depreciation claims, and
shows the importance of a change in the con-
duet OF that business. The claims aggregate
$20,000,o00.
On the subject OF United States prisons, the
attorney general says;
In pursuance of the recommendations in the
annual report OF this department, bill was
passed by the last congress authorizing the con-
struetion OF three United States prisons, 10 Do
located one north and the other south OF the
thirty-ninsh degree OF north latitude and east
of the Rockies, and the third west OF the
Rockies, but By evident inadverience congress
failed 10 make any appropriations Tor the pur-
chase of SUCH sites and the erection OF sueh
buildings. | recommend that the approprlG-
tons evidently contemplated by that act De
After speaking of the well-known difficu lite
in the enforcement OF the Chinese exclusion act,
he says:
II it is desired that these laws should be made
effective they should be changed that they
cannot be misunderstood. To arrest and try
such persons, ana as result simply send them
back across the British line, Is shown to be use
less expenditure OF time, labor and money, by
the fact that, as might well be expected, the
same persons have been arrested and tried over
nVs 1 is r.
tain whether the order requiring Chinese pris-
oners TO be sent back to the British domains
could be made effective. This subject demands
prompt consi Grafton.
From information, official and unofficial, with
regard to the administration of the laws in
Alaska, the attorney general is impressed that
such administration is not satisfactory and that
II can only be made satisfactory by new legisla-
ton. The attorney general called attention to
the evils OF the fee system and advises as a sub
stitute stipulated salaries in all cases.
He reviews the legal proceedings in the case
OF the Chilean steamer Itata, and sums up as
follows:
Upon trial of this indictment it was held by
the district court: First, that these proceed
1ngs were not in violation of the neutral laws OF
the United States, because the enterprise was
Legitimate commercial Transaction; second, be-
cause the Cong essional party OF Chile, not hav-
ing at the time received recognition by the gov
eminent of the United states either govern
ment de jure or belligerent, and that the
acts were done by representatives of aud in the
interest OF party in the way OF hostillties
against the 1hilesn government and was not in
violation OF the statutes of the United States in
short, that II Is only in the interest of govern
ment recognized as such de iure, or as b.lliger-
ent, that the neutrality of the statutes of the
United states be violated. Without discus
sing the proportion of such a transaction to
legitimate commerce. venture the suggestion
that IN case of serious injury to commercial or
other interests of nations with which we are at
peace, by ships fitted out in our harbOrs, the
plea of such non-recognition is a very insufh-
Gent answer, and if the construction given to
these statutes by the trial court shall be sus-
be amended.
He reported five suits commenced under the
act OF August Z, 1883, requiring all telegraph
lines subsidized by thu government, by and
through their own respective corporation officers
and employees, to maintain and operate for rail-
road governmental, commercial and all other
purposes such telegraph lines, and requiring the
attorney general, by proper proceedings, to pre-
vent any unlawful interference with the rights
and equities of the United states in relation to
such Telegraph lines. On this subject the at
torney general says that in the suits of the
United states against the Central Pacific Rail-
road Company and Western Union Telegraph
Company, and against the Southern Pacific Rail-
road Company and Western Union Telegraph
Company, both pending in the northern district
OF California, upon demurrers or motions to
dismiss for want of jurisdiction, it being
claimed on behalf OF the Western Union
and other corporations that the part. es
defendant having charters from other states
than California, they cannot be sued
in the United States circuit court or in
any district court other than that from which
they derive their respective charters. In other
words, they are not inhabitants" of any dis
trict except the district in the state by which
they were created. Touching the question of
jurisdiction, raised by these corporations, as
non-residents of California, he says:
The result of such contention is that a cor
poration like the Western Union Telegraph Com
pany, New York corporation, which il doing
business III every state and district in the United
states, has the right to sue in federal courts in
the various District. aud IL sued in the state
courts they move that such suits for litigation
In federal courts cannot be sued in federal
courts in any state outside of New
York 1t is not believed that such is the law
at least where the government is plaintiff. Ger
fanny II was not the intention of congress in
enacting the judiciary law of 1883 to thus make
corporations privileged class. l recommend
that section / of the act of August, 1883 (25
stat, p 4Si), be amended by inserting the pro-
viso initials after the word "inhabitant," in the
following sentence, namely:
And no civil suit shall be brought before
either OF said courts agaln>t q person by an in
dlYldual process or proceeding in any other
district tnan that whereof he is n habitant;"
prov ded, that any 10 eign corporation NAV be
sued N any district where it may be found that
process is to be served, as in like case in q
state where said suit or action is brought
such an amendment would restore the law to
what it was for century prior thereto and to
the act OF March 3, 1857, ana would impose on
these corporations the liability to be sued corre-
spending TO the right they enjoy to sue as
plaintiffs and to remove suits IN which they are.
defendants.