The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-12-11
THE DEPARTMENT OF JUSTICE.

F1E O6EFNfo WEN UT OOO ltSE'
WAsHNGTON, Dec. 10.--The annual re-
port of Attorney General Miller was sub
mitted to congress today. 1t reviews the
business of the United States supreme
court, and devotes a chapter to the circuit
courts of appeals, one of which has been
organized in each circuit and is ready for
business, although the additional circuit
Judge in each circuit has not yet been ap-
pointed 1t was found that the courts
could be organized and such business as
might be offered could be transacted with
out such judges, and their appointment
was therefore delayed until such appoint
ments could be acted upon by the senate.
1t is necessary, he SAYS, that some provi-
sion be made for the care of the business
of the government in the circuit courts of
appeals. In each circuit there are several
districts, and, of course, government cases
will be CARRIED by writ of error or appeal
from each of such districts into the circuit
court of appeals. The law as it stands
authorizes and requires no one to appear
for the government in such court He
suggests that each district attorney be re-
quired to follow and care for the cases
from his district in the court of appeals.
lie also favors the appointment of deputy
clerks in the courts.
He invites attention to the subject of
. Indian depreciation claims and shows the
Importance of assistance in the conduct of
that business. The claims aggregate SO =
1919
The attorney general again calls atten-
tion to the evils of the free system, and
advises the substitution Of stipulated sal
aries in all cases.
The attorney general reviews the legal
proceedings in the case of the Chilian
steamer Itata and sums up as follows:
Upon trial of this indictment on the
Goth of October last, it was held by the
district court that these proceedings were
not in violation of the neutrality laws of
the United States-frst, because the enter
prise was legitimate commercial trans
action, and, second, because the congress
sional party of Chilli not having at that
time received recognition from the gov
ernment of the United States, either as a
government de lure or as a belligerent,
the acts done by the representatives of the
Junta in the interest of this party in the
way of hostllities against the Chilian gov
ernment were not in violation of any stat
ute of the United States-in short, that it
Is only in the interest of government rec
OgniZed as such de jure or as a belligerent
that the neutrality statute of the United
states can be violated
Experience shows that it is by unrecor-
nized insurgents and revOlutionists having
everything TO gain and little TO lose, and
often, therefore, desperate, that neutrality
regulations are frequently violated With
out discussing the proposition that such
transactions are legitimate, commerce. |
venture the suggestion that in case of seri-
Gus injury to the commercial and other
interests of "A nation with which we are at
peace by ships fitted out in our harbors
the plea of such non-recognition would he
very insufficient answer before a board
OF arbitration or the tribunal of lust pub-
lie opinion. IL the construction given
these statutes 10y the trial court shall be
sustained on appeal, the statutes should
/ think, be amended"
He reports that five suits have been com
menced under the act or August7 Z ISSS
requiring all telegraph lines subsidized by
the government, by aud through their
own respective corporate officers and en-
pioyes, to maintain and operate for5 rail
road. governmental. commercial and All
other purposes, such telegraph lines. and
requiring the attorney general BY proper
proceedings To prevent any unlawful in
reference with the laws and eouitiss of
the United States in relation to such lei
egraph lines. On this subject the attorney
general SAYS:
In the suits Of the United States against
the central Pacific Railroad company and
the Western Union Telegraph COMPANY
both are pending in the northern distrjcI
OF California upon demurrers and motions
TO dismiss Tor want of jurisdiction il heinz
claimed on behalf Of the Western TnioT9
Telegraph company and the corporations
necessarily parties TO the defeuse. that
having charters from other states than
California, they caunot be sued In the
United States circuit court in any district
in the state other than that in which they
derive their respective charters" "
Touching the question OF iur;sd iction
raised by these corporations as residents
OF California be says that the result of
such contention is that IA corporation like
the Western Union "a New York corpor
tom which is doing business in evrrv
state in the union, which has the right IA
sue IN the federal courts of the various
districts and IN state courts to remove sucb
suits for litigation in the federal courts
cannot be sued in the federal courts In auy
state outside OF New York. IL Is not be-
lieved that such Is the law; at least where
the government is the plaintiff Certainly
II Was not the intention of congress to
thus make corporations privileged class.
Under TINS construction au alien c8rnOra-
non-that Is, a corporation of Great
Britain or any foreign nation-could not
be sued in the federal courts Of this coun-
try At all.
Il recommend that the act of Aug. /
lSSS, be amended by inserting A proviso in
ltshcs alter the word inhabitant.' follow
Jog this sentence, namely, and no civil
suit shall be brought before either of said